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ESTD: 1990 Tel : 08554 - 240024

SRI VIJAYANAGAR
COLLEGE OF LAW & PG COURSES
Affiliated to S.K. University, Ananthapuramu.
Recognised by the Bar Council of India & U.G.C.
Housing Board Colony,
ANANTHAPURAMU - 515001. A.P.

Prospectus & Syllabus for


LL.B. HONS. 3 Years Course
Syllabus for LL.B. Hons. - 3 Years

For Admission & Course Details


Contact :

A. RAMI REDDY, B.A., LL.B.,


Founder Secretary
Cell : 98496 67645

M. SREENIVASA REDDY, B.Sc.,


Correspondent
Cell : 99499 03944

Dr. H. RAGHAVENDRACHAR, B.Sc., LL.M., Ph.D.,


Principal
Cell : 94484 05073

M. MAHESH, B.Sc., LL.M.,


Vice Principal
Cell : 98489 63566

2
Syllabus for LL.B. Hons. - 3 Years

COURSES OFFERED
S.No. Name of the Course Semesters

1 3 Years LL.B 6

2 3 Years LL.B (Hon) 6

3 5 Years BA LL.B 10

4 5 Years BBA LL.B 10

5 5 Years B.COM LL.B 10

6 2 Years LL.M / ML
1) Corporate & Security Laws 4
2) Criminal Law 4

ELIGIBILITY FOR ADMISSION:

1) 3 Years LL.B & 3 Years LL.B (Hon) (Six Semesters):


❃ Any Graduate Degree (10+2+3 Pattern) of a Recognized
University with 45% aggregate marks. (5% of marks relaxation
for SC / ST Candidates) or
❃ Any other examination recognized as equivalent by the
University concern.
❃ Certificates required : T.C., Study, SSC Pass Certificate, Inter
Pass Certificate / +2 Certificate & Degree Marks Memos with
Provisional Certificate, Migration Certificate, 6 Passport size
photos, Community Certificate belonging to SC / ST / BC Adhaar
Card (Xerox)

3
Syllabus for LL.B. Hons. - 3 Years
2) 5 Years LL.B Courses / B.A.,LL.B. / BBA LL.B. /
B.Com LL.B (Ten Semesters):
❃ 10+2 / Intermediate with 45% of aggregate marks. (5% of marks
relaxation for SC/ST Candidates)
OR
❃ Any other examination recognized as equivalent by the
University or Board of Intermediate Education concern.

3) Two Year LL.M / ML Course (Four Semesters):


(1) Corporate & Security Law. 2) Criminal Law]
❃ 50% aggregate marks in LL.B/BL.
❃ Certificates required: T.C., Study, SSC Pass Certificate, Inter
Pass Certificate & Degree Marks Memos with Provisional
Certificate, LL.B / BL Marks Certificate, Migration and
Community Certificate.

PROCEDURE FOR ADMISSION:


❃ May apply under Convener seats 80% in sanctioned strength
on the basis of Rank obtained in AP LAWCET.
❃ Management quota seats 20% in sanctioned strength on the
basis of merit in qualifying examination.
❃ Other than A.P Students AP LAWCET is not applicable.

FEE STRUCTURE FOR 3 YEARS / 5 YEARS LL.B / LL.M


COURSES:
❃ Fee fixed by A.P. Fee Revision Committee for Convener Quota
& Management Quota.
❃ Students promoted to next Semester must pay College Fee
within 15 working days from the date of opening of college, as
per circulars on College Notice Board, in default with penal fee/
late fee as per rules in force.
4
Syllabus for LL.B. Hons. - 3 Years
EXAMINATION
For November / January:
❃ I, III, V Semester for 3 Years LL.B.
❃ I, III, V, VII, IX of 5 Years LL.B.
❃ I, III of LLM.

For April / May:


❃ II, IV, VI Semester for 3 Years LL.B.
❃ II, IV, VI, VIII, X of 5 Years LL.B.
❃ II, IV of LL.M.
❃ Every student should pass all the papers within 2 years after
completion of total course period.
❃ After successful completion of 5 Years course eligible for LL.B
Degree.

GENERAL INSTRUCTIONS:
❃ Read the prospectus and application carefully before filling in
the application form.
❃ The candidate has to fill up the columns in his/her own
handwriting.
❃ The columns course applied for 3 Years / 5 Years LL.B / LL.M
Course have to be specifically filled in.
❃ Admissions will be made in 3 Years / 5 Years / LL.B Courses on
the basis of merit list prepared on the basis of marks obtained
in qualifying examination and as per reservation, rules as per
Norms of the Government.
❃ Management quota seats in 3 Years / 5 Years LL.B / LL.B
Courses will be filled as per Norms of the Government.

5
Syllabus for LL.B. Hons. - 3 Years
❃ Applicant should enclose all the attested copies of marks
statements and provisional certificate of qualifying examination
and should submit all originals at the time of admission.
❃ Submit any Proof of I.D.Card like Aadhaar, Driving Licence.

SALIENT FEATURES OF OUR COLLEGE:


❃ The college is located in the District Head Quarters, which is
popular International spiritual centre for the abode of Bhagawan
Sri Sathya Sai Baba in Puttaparthi Prasanthi Nilayam about 80
Kms.
❃ Spacious class rooms with good infrastructure facilities and
eminent faculty.
❃ Moot Court Hall and Seminar Hall, e-class room.
❃ Legal Aid Clinic.
❃ Well equipped Library.
❃ Students privileges I.D. Cards, Travel Concessions and
Scholarships for the deserving.
❃ Website with college information.
❃ Guest Lectures / Seminars, Symposiums and Workshops,
NSS Programmes.
❃ Visits to legal institutions and establishments.
❃ Participation in Lok Adalats and Legal Literacy Camps.
❃ Under all circumstances, the decision of Principal will be final
and students have to abide by the decision of the Principal.

DISCIPLINARY, LEAVE AND ATTENDANCE RULES:


❃ Every student shall maintain dignity, decency, calmness and
also obey the instructions of the teachers in the class rooms.
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Syllabus for LL.B. Hons. - 3 Years
❃ Every student shall maintain silence in the reading rooms and
in the library.
❃ Every student (Gent) shall maintain dress code of white shirt
and pant of any colour.
❃ Every student (Ladies) shall maintain dress code of white
Chudidhar with Dhuppata.
❃ Not to engage in any kind of activity that interrupts the corporate
or the functioning of the college.
❃ Not to adopt any coercive measures.
❃ Ragging, smoking, chewing of gutkha, consumption of alcohol,
whistling in the college premises and in the library is strictly
prohibited.
❃ Students shall possess identity card always and produce the
same on demand.
❃ All types of malpractices in the examination hall are punishable
as per University rules.
❃ Attendance will be marked every hour and students shall attend
the class on all working days. Each student shall put in minimum
75% of attendance, otherwise the attendance certificate will not
be sent to the university and disqualify to write examination and
students are not eligible for scholarships also.
❃ For eligible students Post Metric Scholarships will be sanctioned
by the Social Welfare Department concerned and scholarship
amount will be deposited in SB Accounts of students directly by
the welfare departments.

❃❃❃

7
Syllabus for LL.B. Hons. - 3 Years
3 YEAR LL.B (Honors)
SEMESTER SYSTEM SYLLABUS

SEMESTER - I
Paper I : Law of Contract (General)
Paper II : Special Contract
Paper III : Law of Torts including M.V. Accident and Consumer Protection
Laws
Paper IV : Law of Crimes (Indian Penal Code)
Paper V : Constitutional Law
Paper VI : Legal Methods (H.C-I)

SEMESTER - II
Paper VII : Family Law-I
Paper VIII : Family Law-II
Paper IX : Environmental Law (including Law for Protection of Wild Life
& other living creatures including Animal Welfare)
Paper X : Jurisprudence (Legal Method, Indian Legal System & Basic
Theory of Law)
Paper XI : Legal-Language including Regional Language
Paper XII : Bankruptcy and Insolvency Laws (H.C-II)

SEMESTER-III
Paper XIII : Property Law including Transfer of Property Act and Easement
Act
Paper XIV : Administrative Law
Paper XV : Company Law
Paper XVI : Public International Law
Paper XVII : Labour and Industrial Law
Paper XVIII : Regulatory Laws (H.C.-III)

SEMESTER - IV
Paper XIX : Principles of Taxation Law
Paper XX : Criminal Procedure Code
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Syllabus for LL.B. Hons. - 3 Years

Paper XXI : Civil Procedure Code and Limitation Act


Paper XXII : Law of Evidence
Paper XXIII : Banking and N.I. Act
Paper XXIV : Law of Insurance (H.C-IV)

SEMESTER-V
Paper XXV : Optional Papers: Interpretation of Statutes and Principles
of Legislation
Paper XXVI : Dispute Resolution (Arbitration, Conciliation and Alternate
Dispute Resolution Systems)
Paper XXVII : Land Laws including Tenure and Tenancy System
Paper XXVIII : Intellectual Property Laws (Rights and Litigation)
Paper XXIX : International Human Rights
Paper XXX : Media Law with RTI Act
Paper XXXI : Private International Law (H.C-V)

SEMESTER-VI
Paper XXXII : Optional Paper: White Colour Crime (Criminological
concept of Crime, Schools of Criminology, theories and
punishment)
Paper XXXIII : Compulsory Clinical Courses: Practical Training – I
Moot Court exercise and Internship
Paper XXXIV : Practical Training – II
Drafting, Pleadings and Conveyance
Paper XXXV : Practical Training – III
Professional Ethics and Professional Accounting System
Paper XXXVI : Practical Training – IV
Public interest lawyering and legal aid and paralegal
services
Paper XXXVII : International Trade Law (H.C - VI)
Paper XXXVIII : Women and Criminal Law (H.C - VII)

9
Syllabus for LL.B. Hons. - 3 Years

SEMESTER- I
PAPER I - LAW OF CONTRACT - I

UNIT - 1 GENERAL PRINCIPLES OF LAW OF CONTRACT - History


and nature of contractual obligations - writs of debt, covenant
and account actions on the case and on assumptionist
consideration- moral basis for contractual obligations subjective
and objective theories sanctity of contracts, Agreement and
contract definitions, elements and different kinds, Proposal and
acceptance - their various forms, essential elements,
communication and revocation-proposal and invitations for
proposal-floating offers-tenders-dumping of goods,
Consideration-nudum pactum-its need, meaning, kinds, essential
elements-privity of contract and of consideration-its exceptions-
adequacy of consideration-present, past and adequate
consideration-unlawful consideration and its effects-views of law
commission of India on consideration-evaluation of the doctrine
of consideration, Capacity to contract-meaning-incapacity arising
out of status and mental defect-minor’s agreements-definition
of ‘minor’-accessories supplied to a minor-agreements beneficial
and detrimental to a minor affirmation-restitution in cases of
minor’s agreements-for and by a minor-ratification in cases by
a person of an agreement made by him while he was a minor-
agreements and estoppel-evaluation of the law relating to minor’s
agreements-other illustrations of incapacity to contract, Free
consent - Its need and definition-factors vitiating free consent.
Coercion-definition-essential elements-duress and coercion-
various illustrations of coercion - doctrine of economic duress-
effect of coercion- evaluation of Sec.15. Undue Influence-
definition-essential elements-between which parties can it exists?
Who is to prove it? Illustrations of undue influence-independent
advice-pardanish in women-unconscionable bargains effect of
undue influence. Misrepresentation-definition-misrepresentation
of law and of fact-their effects and illustration, Fraud-definition-
essential elements-suggestions falsi-suppresion-veri-when does
silence amounts to fraud? Active concealment of truth-
importance of intention.
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Syllabus for LL.B. Hons. - 3 Years
UNIT - 2 LEGALITY OF OBJECTS - Void agreements- lawful and
unlawful considerations, and objects-void, voidable, illegal and
unlawful agreements and their effects, Unlawful considerations
and objects, Forbidden by law, Defeating the provision of any
law, Fraudulent, Injurious to person or property, Immoral, Against
public policy, Void Agreements, Agreements without
consideration, Agreements in restraint of marriage, Agreements
in restraint of trade - its exceptions-sale of goodwill, Section 11
restrictions, under the partnership Act, trade combinations
exclusive dealing agreements, restraints on employees under
agreements of service, Agreements in restraint of legal
proceedings - its exceptions, Uncertain agreements, Wagering
agreements-its exceptions.

UNIT - 3 DISCHARGE OF A CONTRACT AND ITS VARIOUS MODES -


By performance – conditions of valid tender of performance-
how? By Whom? Where? When/ In what manner? Performance
of reciprocal promises-time essence of contract, By breach-
anticipatory breach and present breach, Impossibility of
performance – specific grounds of frustration-application to
leases-theories of frustration-effect of frustration-frustration and
restitution, By period of limitation, By Agreement-rescission and
alteration –their effect -remission and waiver of performance
extension of time -accord and satisfaction.

UNIT - 4 QUASI-CONTRACTS OR CERTAIN RELATIONS


RESEMBLING THOSE CREATED BY CONTRACT.

UNIT - 5 REMEDIES IN CONTRACTUAL RELATIONS - Damages –


kinds-remoteness of damage – ascertainment of damages,
Injunction- when granted and when refuse – why?, Refund and
restitution, Specific performance – when? Why?

UNIT - 6 GOVERNMENT OF CONTRACTING PARTY - Constitutional


provisions-government’s power to contract-procedural
requirements-kinds of government contracts – their usual
clauses performance of such contracts-settlement of disputes
and remedies.

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Syllabus for LL.B. Hons. - 3 Years
UNIT - 7 STANDARD FORM CONTRACTS - Nature, advantages,
unilateral character, principles of protection against the possibility
of exploitation-judicial approach to such contracts-exemption
clauses-clash between two standard form contracts-laws
commission of India’s views-unfair Contract Terms Act, 1977
and supply of Goods (Implied Terms) Act, 1977 and supply of
Goods (Implied Terms) Act, 1973 (both English-standard form
contracts and consumer protection).

UNIT - 8 SPECIFIC RELIEF (SPECIFIC RELIEF ACT, 1969)- Definition,


Recovering possession of property, Specific performance of
contracts, Rectification of instruments, Rescission of contracts,
Cancellation of Instruments, Declaratory decrees, Preventive
relief.

REFERENCE BOOKS :
1. Law of Contract 1 & 2 – Dr. G.c.v. Subba Rao
2. Law of Contract – Dr. Avtar Singh
3. Law of Contract Venkateswara Iyer
4. Law of Contract – S.K.Kapoor
5. Law of Contract – N.Krishna Nair
6. Law of Contract – H.S.Pathak

PAPER II : SPECIAL CONTRACTS

UNIT - 1 Indemnity and Guarantee (Sec. 134,127) Indian contract Act,


1872, Contract of Indemnity- Definition - Rights of Indemnity
holder - Liability of the Indemnifier, Contract of Guarantee –
Definition - Essential characteristics of contract of Guarantee -
Distinction between contract of indemnity and contract of
Guarantee - Kinds of guarantee - Rights and liabilities of surety
- Discharge of surety - Contract of Bailment and (Sec. 148-181
of Indian contract act. 1872).

UNIT - 2 BAILMENT- Definition, Essential requisites of Bailment, Kinds


of Bailment, Rights and Duties of Bailer and Bailee, Termination
of Bailment, Pledge - Definition - Rights and duties of Pawnor
and Pawnee - Pledge by Non Owers.
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Syllabus for LL.B. Hons. - 3 Years
UNIT - 3 Contract of Agency (Sec. 182-238 of the Indian Contract Act
1872)- Definition of Agent, Creation of Agency, Rights and
duties of Agent, Delegation of authority, Personal liability- of
Agent, Relations of Principal with Third parties, Termination of
Agency.

UNIT - 4 Contract of Sale of goods (The Indian Sale of Good Act,


1920)- Formation of contract, Subject – matter of contract of
sale, Conditions and Warranties, Express and implied conditions
and warranties, Caveat Emptor, Property, Possession and risk,
Passing of- property, Sale of non-owners, Delivery of goods,
Rights and duties of seller and buyer- before and after sale,
Rights of unpaid seller

UNIT - 5 Contracts of Partnership (The Indian Partnership Act, 1932)-


Definition and nature of - Partnership, Formation of Partnership,
Test of Partnership, Partnership and other- association,
Registration of Firm, Effect of non-registration, Relation of
Partners, Rights and duties of Partners, Properties of the Firm,
Relation of Partners to third parties, Implied authority of partner,
Kinds of partners, Minor as partner, Reconstitution of a firm,
Dissolution of firm.

REFERENCE BOOKS:
1. Law of Contract 1 & 2 – Dr. G.c.v. Subba Rao
2. Law of Contract – Dr. Avtar Singh
3. Law of Contract - Venkateswara Iyer
4. Law of Contract – S.K.Kapoor
5. Law of Contract – N.Krishna Nair
6. Law of Contract – H.S.Pathak

PAPER III: LAW OF TORTS

UNIT - 1 EVOLUTION OF LAW OF TORTS - Its development by courts


in England, Forms of Action Emergence of specific remedies
from case to case, Reception of Law of Torts in India, Principles
of Equity, Justice and good conscience, Uncodified character –
advantages and disadvantages.
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Syllabus for LL.B. Hons. - 3 Years
UNIT - 2 DEFINITION, NATURE, SCOPE AND OBJECTS - A Wrongful
act – violation of a duty (in rem) imposed by law, duty which is
owed to people generally, Legal damage – damnum sine injuria
and injuria sine damno, Tort distinguished from Crime, Breach
of Contract etc., The concept of unliquidated damages, Changing
scope of law of Torts : Expanding character of duties owed to
people generally due to complexities of modern society –
scientific and technological, Progress, industrialisation,
urbanisation, specilization, occupational hazards, Objects –
Prescribing standards of human conduct, redr essal of wrongs
by payment, of compensation, proscribing unlawful conduct by
injunctions.

UNIT - 3 PRINCIPLES OF LIABILITY IN TORTS – Fault, Wrongful intent,


Negligence, Liability without fault , Violation of Ethical codes,
Statutory liability , Fatal Accidents Acts , Railway Act , Workmen’s
Compensation Act , Motor Vehicles Act , Carrier Acts , Insurance
Laws, Place of motive in Torts.

UNIT - 4 JUSTIFICATION IN TORT - Volenti non fit injuria – What is


free consent ? Informed consent, mere knowledge and
knowledge coupled with assumption of risk, Necessity, Private
and Public, Plaintiff’s default, Act of God and Inevitable Accident,
Private defence Statutory authorisation, Judicial and Quasi-
judicial Acts, Parental and Quasi parental authority.

UNIT- 5 EXTINCTION OF LIABILITY IN CERTAIN SITUATIONS -


Death, Actio personalis moritur- cum persona Exceptions, Law
Reform (Miscellaneous Provisions) Act, 1934, Waiver and -
acquiescence, Release, Accord and satisfaction, Limitation.

UNIT - 6 STANDING - Who may sue in torts? Aggrieved individuals, Class


Action, O 1 R 8, Social Action Groups, Statutes granting standing
to certain persons groups, Who may not be sued? Ambassadors,
Infants.

UNIT- 7 DOCTORINE OF SOVEREIGN IMMUNITY AND ITS


RELEVANCE IN INDIA - Liability of State – Sovereign and
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Syllabus for LL.B. Hons. - 3 Years
non-sovereign functions, Crown Proceedings, Act of U.K. Federal
Tort Claims Act of U.S.A. Constitution of India, Arts 294 and
300, Act of State.

UNIT- 8 VICAROUS LIABILITY - Basis, scope and justification, Express


authorization,Ratification, Abetment, Special Relationship,
Master and servant-arising out of and in the course of
employment who is master? – Control test who is servant?
Borrowed servant Independent Contractor, Principal and Agent,
Corporation and Principal Officer, Defences.

UNIT - 9 TORTS AGAINST PERSONS AND PERSONAL RELATIONS


- Assult, Battery Mayhem, False Imprisonment, Defamation –
Libel, slander including law relating to privileges, Marital
Relations, domestic Relations, Parental Relations Master and
Servant relations, Malicious prosecution, Shortened Expectation
of life , Nervous shock.

UNIT - 10 WRONGS AFFECTING PROPERTY - Trespass to land,


Trespass abinitio, Dispossession, Movable Property-Trespass
to goods Detinue, conversion, Torts against Business
interests – Injurious falsehood, misstatements, passing off
Defences.

UNIT - 11 NEGLIGENCE - Basic concepts, Theories of Negligence ,


Standards of care, duty to take care, carelessness inadvertence,
Doctrine of contributive Negligence, Resipsa loquitor and its
importance in contenmporary law, Professional liability due to
Negligence with special reference to consumer, Protection Law.

UNIT - 12 ABSOLUTE STRICT LIABILITY - The Rule in Ryland V.


Fletcher, Principle for application of these rules - Storing of
dangerous things, Escape of dangerous things - application of
principles in concrete cases of damage arising out of industrial
activity. (The Bhopal Disaster, Oelem Gas Escape, Machua
Dam Burst, M.C. Mehta case, Nuclear Installations and their
hazards), Defences Liability under Motor Vehicle Act, Railway
Act etc.
15
Syllabus for LL.B. Hons. - 3 Years
UNIT - 13 NUISANCE - Definition, Essential, Types, Acts which constitute
nuisance-obstructions of highways, pollution of air, water, noise,
interference with light and air.

UNIT - 14 LEGAL REMEDIES - Legal Remedies - Award of damages-


simple, special, punitive, Remoteness of Damages – foreseability
and directness tests, Injunction , Specific Restitution of Property,
Extra-Legal Remedies-self help, Re-entry in land, Recapture of
goods, distress damage feasant abetment to nuisance.

UNIT- 15 JUDICIAL PROCESS IN TORT – Dilatoriness, Complicated


rules of procedures and evidence , Experts in trial process,
Reports of Testing labs , Court fees, Problems of access.

UNIT - 16 COMMON LAW AND THE CONSUMER - Duty to take care


and liability-for negligence : Manufacturers and traders and
providers of services such as lawyers, doctors and other
professional, Caveat emptor and caveat venditor, Deceit and
false advertisement, Liability for hazardous and inherently
dangerous industrial activity, Right to common property
resources-right to pass and repass on pathways

UNIT- 17 PUBLIC UTILITIES IN THE STATE SECTOR - Services by


public undertakings: airways, motor transport, shipping service,
railways, electricity, water supply and communication, swdwds
banks, posts and telegraphs and insurance, Financial support
by the State, Accountability, Problems of mismanagement:
Political interference, lack of initiative and motivation, absence
of competition and evils of monopoly, Impact of work stoppage
upon the consumer, Consumer participation in management.

REFERENCE BOOKS:
1. Law of Torts – PS.Atchuthen Pillai
2. Law of Torts – Ratanlal & Dhirajlal
3. Law of Torts – R.K.Bamgia
4. Law of Torts – S.N.Shukla
5. Law of Torts – G.S.Pandey
6. Law of Torts – Durgadas Basu
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Syllabus for LL.B. Hons. - 3 Years
PAPER IV : LAW OF CRIMES

UNIT - 1 GENERAL - Conception of Crime, State’s power to determine


acts or omissions as crimes, State’s responsibility to detect,
control and punish crime, Distinction between crime and other
wrongs, Pre-colonial notions of crime as reflected in Hindu,
Muslim and Tribal law, The colonial reception-Maculae’s Draft
based essentially on British notions, IPC a reflection of different
social and moral values, Applicability of I.P.C, Territorial, Personal,
Salient Features of the I.P.C.

UNIT - 2 ELEMENTS OF CRIMINAL LIABILITY - Author of Crime –


natural person and a fit subject for punishment, companies and
corporations, Men’s rea-Evil intention, Importance of men’s rea,
Recent Trends to fix liability without men’s rea in certain socio-
economic offences, An act in furtherance of guilty intent, An
omission as specifically includes in the code Injury to another

UNIT - 3 GROUP LIABILITY - Stringent provision in case of combination


of persons attempting to disturb peace, Common intention,
Abetment - Instigation, aiding and conspiracy - Mere act of
abetment punishable, Unlawful Assembly, Basic of liability,
Criminal conspiracy, Rioting as a specific offence

UNIT - 4 STAGES OF CRIME - Guilty intention-Mere intention not


punishable, Preparation - Preparation not punishable - Exception
in respect of certain offences of grave nature or of a peculiear
kind such as possession counterfelt coins, false weights and
measures, Attempt - Attempt when punishable specific IPC
provisions - Tests for determining what constitutes attempt
proximity, equivocality and social danger Impossible attempt.

UNIT - 5 FACTORS NEGATIVING GUILTY INTENTION - Mental


incapacity – Minority - Insanity-impairment of cognative facilities,
emotional imbalances - Medical and legal insanity, Intoxication-
involuntary, Private Defence – justification and limits - When
private defence extends to causing of death protect body and
property, Necessity, Mistake of fact
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Syllabus for LL.B. Hons. - 3 Years
UNIT - 6 TYPES OF PUNISHMENT – Death - Social relevance of capital
punishment - Alternatives to capital punishment, Imprisonment-
for life, with hard labour, simple imprisonment, Forfeiture of
property, Fine, Discretion in awarding punishment - Minimum
punishment in respect of certain offences.

UNIT - 7 SPECIFIC OFFENCES AGAINST HUMAN BODY - Causing


death of human beings - Culpable homicide – Murder, Distinction
between culpable homicide and murder - Specific mental element
requirement in respect of murder, Situation justifying treating
murder as culpable homicide not amounting to murder - Grave
and sudden provocation - Exceeding right to private defence -
Public servant exceeding legitimate use of force - Death in
sudden fight - Death caused by consent of the deceased –
Euthanasia - Death caused of person other than the person
intended - Miscarriage with or without consent, Rash and
negligent act causing death, Hurt – grievious and simple, Assault
and criminal force, Wrongful restraint and wrongful
confinements-kidnapping from lawful guardianship and from
outside India, Abduction.

UNIT - 8 OFFENCES AGAINST WOMEN - Insulting the modesty of a


woman, Assault or criminal force with intent to outrage the
modesty of a woman, Causing miscarriage without woman’s
consent - Causing death by causing miscarriage without woman’s
consent, Kidnapping or abducting woman to compel her to marry
or force her to illicit intercourse, Buying a minor for purposes of
prostitution, Rape - Custodial rape - Marital rape, Cruelty by
husband or relatives of the husband, Common law remedies to
protect against obscene / indecent depiction of women

UNIT - 9 OFFENCES AGAINST PROPERTY- Theft, Cheating, Extortion,


Robbery and Dacoity, Mischief, Criminal misappropriation and
criminal Breach of Trust

UNIT - 10 OFFENCES BY OR RELATING TO PUBLIC SERVANTS -


Public servant taking gratification of other than legal
remuneration, Public servant induced by illegal or corrupt means

18
Syllabus for LL.B. Hons. - 3 Years
to do or not to do an act, Public servant obtaining valuable thing
without consideration in connection with official functions, Public
servant framing incorrect document without intent to cause injury,
Unlawful buying or bidding by public servant, Special legislation
dealing with prevention of corruption-prevention of corruption
Act, objective and scope.

REFERENCE BOOKS:
1. Indian Penal Code - Ratanlal & Dhirajlal
2. Indian Penal Code – R.N. Saxena
3. Law of Crimes – K.D.Gaur
4. Indian Penal Code – K.D.Gaur
5. Indian Penal Code – M.P.Tandon
6. Indian Penal Code – Shamsul Huda

PAPER - V : CONSTITUTIONAL LAW

UNIT - 1 HISTORICAL PERSPECTIVE - Constitutional Developments


since 1858 to 1947 Morle Minto Reform-Dyarchy-Montague-
Chelmsford Reforms. Indian National Congress 1885-Various
Trends of opinion-Social Reform Vs. Political Independence.
Protest against British Repression. Jalianwala Baag, Rowlatt
Act – Sedition Trials of Tilak, Making of India’s Constitution –
Concept of Constitution and Constitutionalism-Salient features-
Constituent Assemble-Sovereignty, Preamble-status and its
goals.

UNIT- 2 PARLIAMENTARY GOVERNMENT - Westminister Model-


Indian experience before independence-choice of parliamentary
government, President of India-Election, Qualifications,
Impeachment, Salary, etc.., Council of Ministers-President’s
Constitutional position, Governor and state Government-
Constitutional relationship, Legislative Process-Privileges,
freedom of speech, practice of law-making, etc., Legislative
Process-Privileges, freedom of speech, practice of law-making,
etc., Prime Minister – Cabinet system – Collective responsibility-
19
Syllabus for LL.B. Hons. - 3 Years
Individual responsibility, President- P.M.Relationship, Party
System-Anti-defection Law, Freedom of a M.P. / M.L.A. to
dissent.

UNIT - 3 FEDERALISM - Federalism- principles-Comparative study of


other Federations, Why India has a federal Government, Indian
Federalism-President of India-Council of state Process of
Constitutional amendment. Identification of Federal Features,
Legislative Relations between the centre and the states,
Administrative relations-Centre-States, Financial Relations-
Centre-States, Governor’s position from the perspective of
Federalism, Centre’s powers over the States-Art.356, J & K –
Special Status, Critical problems of Indian Federalism, Sarkaria
commission-Greater autonomy Vs. Central Control One party
domination. Emergence of Political Federalism, Growth of
Regional Parties.

UNIT - 4 CONSTITUTIONAL PROCESSES OF ADAPTATION AND


ALTERATION - Methods of Constitutional Amendment-Written-
Unwritten-Regid-Flexible Constitutions, Provisions which can be
amended by ordinary procedure, Special procedure, Review of
Constitutional Amendments, Limitations upon Constitutional
amendments Shankari Prasad, Sajjan Singh, Golak Nath Vs.
Punjab – Why should fundamental Rights be immune from the
process of Constitutional Amendment, Basic structure doctrine
as a limitation – Kesavanand Bharati, Development of the Basic
structure Doctrine, Constituent power of the Supreme Court,
Indira Gandhi Vs. Raj Narain : Judicial Consensus on Basic
Structure, Legislative and judicial Attempts to Bury the Basic
structure Doctrine: Legitimation of the Basic Structure Doctrine,
Special Bench to Reconsider the Basic Structure Issue, Forty-
Second constitutional Amendment, Forty-Fourth Constitutional
Amendments. Minerva Mills and subsequent developments of
the Basic Structure Doctrine, Responsibility of the Court: Activism
vs. Restraint.

UNIT - 5 SECULARISM - Concept of Secularism – Indian Constitutional


Provisions, Historical Perspective of Indian Secularism, Religion

20
Syllabus for LL.B. Hons. - 3 Years
and State-in India-State control and non-interference with
Religion, Concept of Secularism: American Model – Separation
of State –Church is it relevant to India? Tradition in India-Equal
Respect for All Religions? Minority Rights-Why? Scope-Meaning
of Minority, Minority Rights to Educational Institutions.

UNIT - 6 EQUALITY AND SOCIAL JUSTICE - Equality before the law


and Equal Protection of laws meaning-Constitutional Provisions-
Total conspectus -Articles 14,15,16,17,29 (2), 325, Classification
for differential Treatment, Gender Justice, Arts.15(1),(2),(3),
16,29(2), Administrative discretion and Equality, Compensatory.
Discrimination for Backward Classes/ SC & ST.

UNIT - 7 FREEDOMS AND SOCIAL CONTROL - Freedom of speech


and expression, Freedom of the press, Freedom of speech and
contempt of court, Freedom of Assembly, Freedom of
Association, Freedom of Movement, Freedom to Reside and
Settle, Freedom of profession/business, etc, Property and social
control 1950 to 1978, Property and social control-After 1978.

UNIT - 8 PERSONAL LIBERTY - Rights of an accused – Double


Jeopardy, Right against self-incrimination, Right against
Retroactive Punishment, Right to life and Personal liberty-
Meaning of Art.21. Gopalan, Right to life and Personal liberty-
Meaning of Art.21. Gopalan, Personal Liberty”-Meaning –
Meneka Gandhi, Sunil Batra, etc., Procedure established by law-
Gopalan, Khark Singh, Procedure established by law-Due
Process-Maneka Gandhi and after, Preventive Detention-
Constitutional Policy Art.22, Preventive detention-Safeguards
under the constitution.

UNIT - 9 FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES -


Directive Principles – Reasons for incorporation, Directive
Principles – Directions of social change a new social order,
Fundamental Rights and Directive Principles – Inter relationship-
judicial balancing, Constitutional amendments-Arts.31A ,31B and
31C to strengthen Directive Principles, Judicial Policy towards
Directive Principles from Champakam to Minerva Mills, What is
“State”?-Art.12, Naresh Vs. Maharashtra – Is Judiciary “state”?
21
Syllabus for LL.B. Hons. - 3 Years
UNIT - 10 EMERGENCY - Emergency. Need for such a provision. Types
of Emergencies. Experience in other democracies, Proclamation
of Emergency-conditions-Art.352-Effect of Emergency on
Centre-state relations, Emergency and suspension of
fundamental rights. Arts.358, 359- Makhan Singh Tarasikha to
A.D.M. Jabbulpore, Financial Emergency.

UNIT - 11 JUDICIAL PROCESS UNDER THE CONSTITUTION - Judicial


Review – Art.32,226,227, Nature of Judicial Review, Court
system in India : Backlogs, Arrears, alternatives, Lok Adalats,
etc, Judges : Appointments, conditions of service ,etc,
Subordinate Judiciary, Jurisdiction of supreme Court and High
Court, Advisory Jurisdiction of the Supreme Court, Public Interest
Litigation.

UNIT - 12 SERVICES UNDER THE CONSTITUTION - Doctrine of


Pleasure (Art.310), Protection against Arbitrary Dismissal,
Removal , or Reduction in Rank (Art.311), Rulsiram Patel-
Exceptions to Art.311.

REFERENCE BOOKS:
1. Constitutional Law of India – J.N.Pandey
2. Constitutional Law – Majumdar Kataria
3. Constitutional law – D.D.Basu
4. Constitutional Law – T.K.Tope
5. Constitutional Law – P.M.Bakshi

PAPER - VI : LEGAL METHODS (H.C- I)


OBJECTIVES OF THE COURSE

The subject aims to impart the fundamental aspects of law. It further


provides the basis for developing analytical skills. In par with the requirements
of professional competence, the course adapts to methods of learning law.
The beginners in law will be adequately supplemented by tools of
understanding on Statutes, Judgements and that of basic research.
22
Syllabus for LL.B. Hons. - 3 Years
UNIT - 1 INTRODUCTION TO LAW AND LEGAL SYSTEM - What is
Law? – Law in relation to concepts of justice, morality, State,
citizens, society and the globe – Theories of law – Schools of
thought on the nature, function, sources and role of law – Custom
and law – Introduction to different legal systems of the World –
Common law system – Civil law system – Role and functions of
the legal institutions in such diverse systems – Global
Administrative Law – Global Rule of law.

UNIT - 2 INDIAN LEGAL SYSTEM - Overview of the Indian legal system


and legal institutions – Role of the Constitution – Process of
legislation – Delegated legislation – Ordinances – Rules –
Regulations – Orders – Notifications – Bye laws – Customs
having the force of law – Constitutional conventions – Access to
Statutes and Bills – Techniques of reading and analyzing the
statutes, Rules and Regulations.

UNIT - 3 JUDICIAL PROCESS - Hierarchy of courts – Judicial review –


Stare decisis – Precedent – Law declared by the Supreme Court
– Complete justice – quasi – Judicial authorities – Techniques
of reading and analyzing judicial decisions – General Principles
of Statutory Interpretation – Comparative judicial process –
Binding nature of foreign decisions – Legal and logical reasoning.

UNIT - 4 LEGAL RESEARCH - Concept of Research – Objectives –


Types of Research – Social Science Research – Legal Research.

UNIT - 5 SOCIO-LEGAL RESEARCH - Methodology – Identification of


the research problem – Framing of hypothesis – research
questions – Data Collection – Legal material, Statutes,
Subordinate Legislation, Notifications, Policy statements –
Decisional materials, Foreign Judgments, Legal databases,
Reports of Commissions & Committees – Statistical and Legal
analysis of data – Interpretation and implication of data –
Hypothesis testing – Report Writing.

23
Syllabus for LL.B. Hons. - 3 Years

REFERENCE BOOKS
1. William J. Goode and Paul K. Hatt – Methods in social Research.
2. Adam Podgorecki – Law and Society.
3. Oaul Oliver – Writing Your Thesis.
4. Prof. Tushar Karti Saha – Legal Methods, Systems, Research.
5. S.K. Verma and Afzal Wani (Editors) – Legal Research and Methodology

24
Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

25
Syllabus for LL.B. Hons. - 3 Years

26
Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

27
Syllabus for LL.B. Hons. - 3 Years

28
Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

29
Syllabus for LL.B. Hons. - 3 Years

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Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

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Syllabus for LL.B. Hons. - 3 Years

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Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

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Syllabus for LL.B. Hons. - 3 Years

34
Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

35
Syllabus for LL.B. Hons. - 3 Years
SEMESTER -II
PAPER VII : FAMILY LAW – I

UNIT - 1 MARRIAGE AND KINSHIP - Evolution of the institution of


marriage and family, Role of religion, rituals and practices in
moulding the rules regulating marital relations, Types of family
based upon : Lineage – patrilineal matrilineal; Authority structure
– patriarchal and matriarchal; Location – patrilocal and
matriolocal and Number of conjugal units nuclear, extended,
joint and composite, Applicability of Law - Who is a Hindu - Who
is a Muslim - Who is a Christian, Sources of Hindu Law, Muslim
Law and Christian Law.

UNIT - 2 CUSTOMARY PRACTICES AND THE STATE – Polygamy,


Concubin, Child marriage, Sati, Dowry, State intervention through
various legal measure

UNIT - 3 CONVERSION AND ITS EFFECT ON FAMILY – Marriage,


Adoption, Guardianship Succession.

UNIT - 4 MATRIMONIAL REMEDIES - Non-judicial resolution of marital


conflict problems- (a) Customary dissolution of marriage –
unilateral divorce, divorce by mutual consent and other modes
of dissolution , (b) Divorce under Muslim personal law-Talaq
and talaq-tafweez, Judicial resolution of marital conflict problems:
a general perspective of matrimonial fault theory and the principle
of irretrievable breakdown of marriage, Nullity of marriage, Option
of puberty, Restitution of conjugal rights, Judicial separation,
Desertion : a ground for matrimonial relief, Cruelty : a ground
for matrimonial relief, Adultery : aground for matrimonial relief,
Other grounds for matrimonial relief, Divorce by mutual consent
under : Special Marriage Act, 1954 ; Hindu Marriage Act, 1955;
Muslim Law (Khula and Mubaraat), Bars to matrimonial relief -
Doctrine of strict proof - Taking advantage of one’s own wrong
or disability – Accessory - Connivance - Collusion - Condonation
- Improper or unnecessary delay - Residuary clause-no other
legal ground exists for refusing the matrimonial relief.

36
Syllabus for LL.B. Hons. - 3 Years
UNIT - 5 ALIMONY AND MAINTENANCE - Maintenance of neglected
wives, divorced wives, minor children, disabled children, and
parents who are unable to support themselves under the code
of Criminal Procedure, 1973, Alimony and maintenance as an
independent remedy : a review under different personal laws,
Alimony and maintenance as an ancillary relief alimony pendente
lite and permanent maintenance, Maintenance of divorced
Muslim women under the Muslim Women (Protection of Rights
on Divorce Act, 1986: a Critical review).

UNIT - 6 CHILD AND THE FAMILY – Legitimacy, Adoption, Custody,


maintenance and education, Guardianship.

UNIT - 7 FAMILY AND ITS CHANGING PATTERN - New emerging trends


- Attenuation of family ties - Working women and their impact
on Spousal relationship. Composition of family, status, and role
of women, and decision-making authority structure, Factors
affecting the family : demographic, environmental, religious and
legislative, Processes of social change in India : Sankritization,
Westernization, Secularization, Universalization, Parochialization
and modrnization including industrialisation and urbanization.

UNIT - 8 ESTABLISHMENT OF FAMILY COURTS

UNIT - 9 SECURING OF A UNIFORM CIVIL CODE - Religious pluralism


and its implications, Connotations of the directive contained in
Article 44 of the constitution, Impediments to the formulation of
the Uniform Civil Code.

REFERENCE BOOKS:
1. Family Law 1 & 2 – Dr. G.c.v.Subba Rao
2. Hindu Law – Paras Diwan
3. Hindu Law – N.H.Jhabvala
4. Mohamedan Law – Mulla’s
5. Hindu Law – R.K.Agarwala
6. Muslim law – Paras Diwan
7. Mohamedan Law – Aqil Ahmed
37
Syllabus for LL.B. Hons. - 3 Years
PAPER VIII : FAMILY LAW – II

UNIT - 1 JOINT HINDU FAMILY (Mitakshara and Dayabhaga) -


Mitakshara joint family, Mitakshara coparcenary – formation and
incidents, Property under Mitakshara law-separate property and
Coparcenary Property, Dayabhaga coparcenary – formation and
incidents, Property under Dayabhaga law, Karta of the Joint
Family-his position, powers,privileges and obligations, Alienation
of property-separate and coparacenary, Debts-doctrines of pious
obligation and antecedent debt, Partition and Re-union, Joint
Hindu Family as a social security institution and impact of Hindu
Gains of Learning Act and various tax laws on it.

UNIT - 2 INHERITANCE – Hindus - Historical perspective of traditional ,


Hindu law as a background to the study of Hindu succession
Act. 1956 - Succession to property of a Hindu male dying in
testate under the provisions of Hindu Succession Act.1956 -
Devolution of interest in Mitakshara coparcenary with reference
to the provisions of Hindu Succession Act.1956 - Succession to
property of Hindu female dying in testate under the Hindu
succession Act.1956 - Disqualifications relating to succession -
General Rules of Succession - Marumakkattayam and
aliyasantana laws governing people living in Travancore Cochin
and the districts of Malabar and south Kanara.

UNIT - 3 NEW PROPERTY CONCEPTS, SUCH AS SKILL, JOB, etc..,


AS NEW FORMS OF PROPERTY.

UNIT - 4 SETTLEMENT OF SPOUSAL PROPERTY : A NEED FOR


DEVELOPMENT.

REFERENCE BOOKS:
1. Family Law 1 & 2 – Dr. G.c.v.Subba Rao
2. Hindu Law – Paras Diwan
3. Hindu Law – N.H.Jhabvala
4. Mohamedan Law – Mulla’s
5. Hindu Law – R.K.Agarwala
6. Muslim law – Paras Diwan
7. Mohamedan Law – Aqil Ahmed
38
Syllabus for LL.B. Hons. - 3 Years
PAPER - IX : ENVIRONMENTAL LAW (INCLUDING LAWS
FOR PROTECTION WILD LIFE & AND OTHER LIVING
CREATURES INCLUDING ANIMAL WELFARE).

UNIT - 1 THE MEANING OF ‘ENVIRONMENT’ AND ‘POLLUTION’ -


Definition - As defined in the Environment protection Act: 1986
Section 2(a) : “Pollution” as defined in the same Act. Section
2(b) (c) (d) (e) ; and in the Water (prevention and control of
pollution ) Act., 1974. ‘Forests’, as defined in the Indian Forest
Act, 1927, and the Forest conservation Act, 1980. The intended
meaning of environment in the constitution, Articles 15 (2) (b),
24,39(a), (b), (c) , (e), (f), 47, 48 A, 49, Causative factors of
pollution.

UNIT - 2 SUBJECT MATTER OF ENVIRONMENTAL LAWS

UNIT- 3 TYPES AND FUNCTIONS OF ENVIRONMENTAL LAWS -


Primary Protective Laws,For human-beings, laws pertaining to
- a) Water, b) Air, c)Noise, d) Nuclear Radiation, e) Toxic
Substances - For non-human beings - Laws pertaining to - a)
Wild-life, b) Marine life, c) Forests, d) Minor forests, e)
Restrictions on trade, Primary Planning Laws - For production -
laws pertaining to : a) Land Use, b) Irrigation, c)Industries, d)
Mining ,e) Grazing –Land, f) Catchment areas, g)Wet land h)
Estuaries - For distribution - laws pertaining to - a) Land ceiling,
b) Town Planning/zoning, c) Slums, d)Housing, e) Recreational
areas, f)Parks, g) Sanctuaries, h)Biospheres

UNIT - 4 SECONDARY LAWS - Pertaining to the administration and


functioning of pollution control Boards; Water-Boards ; the
Factories Acts, Forests Act, Land Reform and Development Acts,
Industries Act, etc., Laws relating to the administration within
the Ministry of Environment and Forest, Laws relating to the
collection , dissemination and publication of data by the Boards
or Ministry, concerning a) hazardous material, b)endangering
industries, c)levels of pollution ; and d) types of safety measures
available and implemented, Laws relating to the role of the lower
courts (including the forest courts).

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Syllabus for LL.B. Hons. - 3 Years
UNIT- 5 TERRITORY LAWS - Constitutional provisions concerning inter-
state relations that concern acquisition regulation and distribution
of natural resources, (Water, Forests, Mines, Oil). (With special
emphasis on Articles 14,19,31-A, 31-B,31-C,39 (b), (c); Union
List : 6,52,56,57. State list: 17,18,21,23. Concurrent lists: 17,17-
A,17-B,18,20 and the Ninth Schedule, Constitutional Provisions
-The conistitution of India Articles : 14,15,2(b),19(e), 21, 31-c,
32, 38, 39, 42, 47, 48-A, 49, 51, 51-A(g).

UNIT- 6 INTERNATIONAL PARAMETERS OF ENVIRONMENT -


Stakholm Declaration and its impact , Reo Summit , United
Nations Environmental Programme (UNEP), State responsibility
for Environmental Pollution, North South Perspective.

UNIT - 7 LEGAL STRATEGIES REGULATION - Deterrence through


Criminal Liability , Strict Liability, Absolute Liability and Vicarious
Liability, Principles of calculating penalties and economic
sanctions against offenders, Principles and methods of
stadnardization. Environmental impact assessment-Cost Benefit
Analysis, Managerial, Principles of tortuous liability, Estoppel,
Strategies of incentives, through non-taxation, deductions, etc.
- Methods of recovery through insurances, sureties, bonds, etc,
- Creation of Environmental Fund, Environmental Courts /
Tribunals.

UNIT - 8 RIGHTS IN COMMON LAW - Basis of occupancy, usufruct and


group or collective rights of indigenous communities in natural
and international laws.

UNIT - 9 NATURAL RIGHTS THEORIES AND ITS ADVOCACY IN


ENVIRONMENT RELATED ISSUES - Right to life, Right to
livelihood, Right to reside, Right to development, The rights of
future generations.

UNIT - 10 MULTINATIONAL CORPORATE LIABILITIES - In the legal


responsibilities of multinational funding agencies.

UNIT - 11 JUDICIAL ACTIVISM AND ENVIRONMENT


40
Syllabus for LL.B. Hons. - 3 Years
REFERENCE BOOKS:
1. Environmental Law – Dr. H.N. Tiwari
2. Environmental Law – Dr. G.S.Karakara
3. Environmental Law – Dr. Maheswara Swamy

PAPER X : JURISPRUDENCE

UNIT - 1 Need to study jurisprudence – its relationship with political


and power structures and just society.

UNIT - 2 What is a concept - Concept, ideas and notions, what is a


theory – difference between theory, hypothesis, conjecture and
opinions?

UNIT - 3 What is a norm - Differences between maxims, roles, principles


and customary rules, Differences between primary rules and
secondary rules, What is a normative system.

UNIT- 4 Concept of law, its difference with laws of natural sciences,


social sciences, statistics, and history - Laws on obligatory.

UNIT - 5 Why are laws obligatory - Define and discuss the following
legal concepts liability, obligation, sanction, co-ercion,
compulsion, duty, estoppel, promise, dharma with case material,
CONTRACTARIAN THEORIES – General-will theories and free-
will theories and autonomous theories particularly positivist
theories connected (development of Austin onwards: Reference
to Dworkin, Rawls and Marxin terms of the doctrine of withening
away of state. Including TRANSCENDENTAL THEORIES,
Whom does the law obligate. Personality: people : state-with
particular reference to Directive Principles of state policy : locus
standing Randhir Singh, Golaknath and other relevant cases.

UNIT - 6 Theories of Authority - Types of authority – legislative, judicial


and customary – their binding nature, Bindingness with regard
to prcedent. Determination of ratio and methods of Wanbaugh,
Salmond, Goodhart,Simpson’s approach in jacob’s case. Also
the studying factors of llewyn (information to be provided that
41
Syllabus for LL.B. Hons. - 3 Years
there is no distinction between making and declaring, basing on
Gestault psychology. (Ref: Peter Brett).

UNIT- 7 Limits on legislative authority - Positivist view that there are


no limits. Discuss with reference to Austin, Kelsen, Golaknath
and D.C. Wadhws’s case, Natural Law view that the limits are
defined by principles of morality or natural justice – the legislation,
from whatever source, must be in accordance with such
principles. Discuss with reference to Aquinas, Finnis, The
Rationalise view that the limits are set by rational principles of
justice – Discuss with reference to Kant, Rawls, The Basic
structure Doctrine- that the limits are set by the basic structure
of the constitution of the law itself: any legislative contrary to the
basic structure is non-law (Ref: Kesavananda Case), Define and
discuss the basic legal concept of reasonableness with reference
to Indian cases. State of Madras V. V.G.Row (1952 SC 196 ).
Dwarka Prasad Laxmi Narayan V.state of U.P. (AIR 1954 SC
224 ). Krishanchanda Arora V.Commissioner of Police (1961 3
SCR 135). Hardhan Shah V. state of West Bengal (1975 3SCC
198). Maneka Gandhi V. Union of India (1978 2SCR 621).

UNIT - 8 The functions of Law - Law as the upholder of the moral order
in the society, Concept of dharma and connection between law
and morality, Law for bringing efficiency and social stability; the
utilitarian views, The differences between the ends of a legal
order, a political order and a religious order. Are they inter
changeable? Can one replace another? Issue concerning the
dialectics of law, Law as a means of social control, Law as
Volksgeist.

REFERENCE BOOKS:
1. Legal Theory-Dr.G.C.V.Subba Rao
2. Legal Theory-V.D.Mahajan
3. Legal Theory-M.P.Tandon
4. Legal Theory-Tripathi
5. Legal Theory-P.J.Fitzgeralad
6. Jurisprudence – S.R.Myneni
7. Legal Theory – W.Friedmann
8. Legal Remedies-R.D.Royal

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Syllabus for LL.B. Hons. - 3 Years
PAPER - XI : LEGAL LANGUAGE & LEGAL WRITING
INCLUDING GENERAL ENGLISH

UNIT - 1 USES OF THE LANGUAGE - Three basic functions,


Communicative, Expressive, Directive, Ceremonial and Per
formative

UNIT - 2 SENTENCE – Declarative, Interrogative, Imperative,


Exclamatory

UNIT - 3 Reasoning, Inference, Prepositions, Questions, Commands,


Exclamation, Statements, Arguments (Different types of
arguments), Conclusion indicators, Premise indicators.

UNIT - 4 DEFINITIONS - Purposes – Increased Vocabulary – Elimination


of Ambiguity, reducing vagueness, Explain theoretically,
Influencing attitudes, Types of definitions – Stipulative – Lexical
– Precision Theoretical – Persuasive.

UNIT- 5 MEANING - Various meanings of “meaning”, Differential


denotative and connotative.

UNIT- 6 LEGAL LANGUAGE - Reasons for its special characteristics,


Flexibility of Language - Syntaotic ambiguity – Amphibole –
Polycemy - Homonym.

UNIT- 7 FUNDAMENTAL PRINCIPLES OF LEGAL WIRITNG -


Concision’s – Clarity – Cogency, Simplicity of structure, Attention
and awareness of practical legal import of sentence,
Communicative skills.

UNIT- 8 GENERAL GUIDELINES RELATING TO LEGAL WRITING -


Titles – Short straight forward – Punchy etc., Headings; Definite
message to readers, avoid general headings, Uniformly brief
etc., Italies – Use of Numbers, Definitions of Terms, Contractions
e.g. Instead of Can’t prefer cannot Use of first person,
Enumeration’s, Quotations, Ellipses and alternations, Citations,
Footnotes, Forms and address of references, Signing off.
43
Syllabus for LL.B. Hons. - 3 Years
UNIT - 9 Generally used legal terms and explanations in Telugu / English.

UNIT - 10 The student shall be explained about reading for understanding


the contents and organization of the text, Reading for details
and language study, Vocabulary, identification of source a
referred law books, Journal or judicial decision may given from
the passage. The Student may be asked to Identify “Legal terms”.
Explain those terms Use equivalent other terms Identify case
law, Analyze the point of law involved Precise Answer the
questions put based on that passage. (Compulsory question to
be answered in the examination)

UNIT- 11 LAW – CLASSIFICATION - Common law – Civil Law – Public


Law – Private Law – Territorial law – Personal Law – Substantive
Law – Procedural Law – Secular Law – Theocratic Law –
Fundamental Law – Derivative Law, Meanings of law as
aggregate of laws as a system as a process.

UNIT - 12 Translation of Legal forms – English to Telugu or writing legal


terms of English.

UNIT - 13 Translation of brief passage from English to Telugu /


Comprehension, pleadings and conveyancing in Telugu / English
plaint, written statement, Sale and Agreement to sell, gift, lease,
Mortgage will (Essential elements of the above also to be taught)

NOTE Those whose mother tongue is not Telugu they may be permitted
to write in English.

REFERENCE BOOKS:
1. Legal Language – Dr. Madhubhushi Sridhar
2. Legal English, Drafting, Conveyancng & Glossary – M. Madhu
3. Legal Language & Legal Writing – Dr. Srikanta Misra
4. Legal Language & Legal Drating – M.P. Tandon

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Syllabus for LL.B. Hons. - 3 Years

Paper – XII
BANKRUPTCY AND INSOLVENCY LAWS (H.C - II)
Objectives of the Course
The main concern of law is the regulation and balancing of socio-
economic and political interests.In regulating the economic front,law has to
take into account of negative economic impact in the situations of socio-
legal problems. The bankruptcy law becomes relevant in this context. The
Constitution confers on the union and the states to legislate on bankruptcy-
the inability to pay debts.The Indian laws contain elaborate provisions on the
status of insolvent person, legal conditions of insolvency ,insolvency
proceedings,distribution of property of the insolvent and on litigation by and
against insolvent person.These laws have to be looked at with a comparative
approach.The course excludes questions of bankruptcy in relation to company
and partnership since they are dealt with in the compulsory papers.

UNIT 1 Introductory - The concept : inability to pay debt, Comparative


Perspectives - England: Insolvency Act,Bankruptcy Act - United
States, India: concurrent jurisdiction-the central and state
Legislation.

UNIT 2 Insolvency jurisdiction – Courts, Powers of court.

UNIT 3 Acts of Insolvency - Transfer of property to a third person for


benefit of creditors Generally, Transfer with intent to defeat
creditors, Fraudulent preferences in transfer of property,
Absconding with intent to defeat the creditors, Sale of property
in execution of decree of court, Adjudication as insolvent, Notice
to creditors about suspension of payment of debt, Imprisonment
in execution of a decree of a court.

UNIT 4 Insolvancy Petition - By Creditor, By debtor, Contents of the


Petition, Admission, Procedure.

UNIT 5 Appointment Of interim receiver.

45
Syllabus for LL.B. Hons. - 3 Years
UNIT 6 Interim Proceedings against the debtor.

UNIT 7 Duties of Debtors.

UNIT 8 Release of debtor.

UNIT 9 Procedure at hearing.

UNIT 10 Dismissal of petition filed by a creditor.

UNIT 11 Order of adjudication – Effect, Publication of order.

UNIT 12 Proceedings,Consequent on order of adjudication -


Protection order from arrest or detension, Power to arrest after
adjudication per attempt abscond, Schedule of creditors, Burden
of creditors to prove the debt.

UNIT 13 Annulment of adjudication - Power to annul, Effect, Failure to


apply for discharge.

UNIT 14 Post adjudicatory scheme for satisfaction of the debt.

UNIT 15 Discharge of debtor.

UNIT 16 Effect of insolvancy on antecedent transaction - On rights


of creditor under execution, Duties of court executing decree on
the property taken in Execution, Avoidance of voluntary transfer,
Avoidance of preference.

UNIT 17 Realization of property - Appointment of receiver, Duties and


powers, Appeal against receiver.

UNIT 18 Distribution of property - Priority of debts, Dividends.

UNIT 19 Offences by debtors.

UNIT 20 Disqualification of insolvent.

UNIT 21 Appeal.

UNIT 22 Indigent persons - Suit by indigent persons.


46
Syllabus for LL.B. Hons. - 3 Years
REFERENCE BOOKS:
1. The Provincial Insolvency Act.1920
2. Insolvency Acts of various states
3. Halisbury’s Laws of England, Vol.3(2) on Bankruptcy and Insolvency(1989)
4. Henry R. Cheeseman,Business Law,Ch.28(1998),Prentice Hall,New
Jersey
5. C.K.Thakker,Code of civil Procedure(2000)Eastern,Lucknow.
6. Aiyar.s.k.,Law of Bankruptsy(1998) Universal,Delhi.

47
Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

48
Syllabus for LL.B. Hons. - 3 Years

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Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

50
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Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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SEMESTER – III

PAPER XIII – PROPERTY LAWS INCLUDING TRANSFER


OF PROPERTY ACT AND EASEMENT ACT

UNIT - 1 Jurisprudential contours of property - Concept and meaning


of property – New property – Governmental large see, Kinds of
Property – movable and immovable property – tangible and
intangible property – intellectual property – copyright – patents
and designs – trademarks, Private and public property – natural
resources as property – privatisation of public property, Capitalist
and socialist analysis of property – property in means of
production, Possession and ownership as man – property
relationship – finder of lost goods, Social functions of property.

UNIT - 2 LAW RELATING TO TRANSFER OF PROPERTY - General


principles of Transfer of Property, Specific Transfers – Sale,
Mortgages - Kinds of Mortgages - Simple Mortgage, Mortgage
by conditional Sale – Distinguished from Sale with a condition
for repurchase, Usufructurary Mortgage, English Mortgage –
Distinguished from Mortgage by conditional sale, Mortgage by
Deposit of title deeds – When registration is necessary,
Anomalous mortgages, Systemic Constraints - When formalities
are required Formalities – effect of non-registration – debt may
be proved, Rights of Mortgagor - Right to redeem, Distinction
between “due” and “payable”, Clog on redemption, Partial
redemption, Accessions to mortgaged property and
improvements, Mortgagor’s Power to lease, Rights and Liabilities
of Mortgages - Right to foreclose or sale, Right to sue for
Mortgage money, Accession to mortgaged property, Rights of
mortgage in possession, Substituted Security, Liabilities of a
mortgage in possession, Postponement of prior mortgage,
Marshalling and contribution, Who may sue for redemption,
Conventional subrogation - Legal Subrogation, “Redeem up and
foreclose down”, Security Interests in movables, Charges,
Leases, Exchange, Gifts, Actionable Claims.
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UNIT - 3 EASEMENTS - Creation of easements, Nature and
characteristics of easements, Extinction of easements, Riparian
rights, Licences.

UNIT - 4 RECORDATION OF PROPERTY RIGHTS - Law relating to


registration of documents affecting property relations –
Exemptions of lease and mortgages in favour of Land
Development Bank from registration, Recordation of rights in
agricultural land with special reference to respective states,
Investigation of title to property, Law relating to stamp Duties, of
the liability of instruments to duty, Duties by whom payable, Effect
of not duly stamping instruments: Examination and impounding
of instruments: inadmissibility on evidence: impounding of
instruments.

REFERENCE BOOKS:
1. Transfer of Property Act – Prof.G.C.V.Subba Rao
2. Transfer of Property Act – Dr.S.N.Shukla
3. Transfer of Property Act – Dr.G.P.Tripathi
4. Transfer of Property Act – P.S.Narayana

PAPER XIV - ADMINISTRATIVE LAW


UNIT - 1 Evolution, Nature and scope of administrative Law - From a
laissez faire to a social welfare state, State as regulator of private
interest, State as provider of services Other functions of modern
state – relief, welfare, Evolution of administration as the forth
branch of Government Necessity for delegation of powers on
administration, Evolution of agencies and procedures for
settlement of disputes between individual and administration -
Regulatory agencies in the United States, Conseild’ Etate of
France, Tribunalization in England and India, Relationship
between constitutional Law and Administrative Law, Separation
fo Powers – to what extent relevant to administrative functions,
Rule of law and Administrative Law, Definitions of Administrative
law, Scope of Administrative Law, Emerging trends – positive
duties of administration under the modern social welfare
legislation and compulsions of planning.
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UNIT - 2 BUREAUCRACY IN INDIA - Nature and organisation of civil
service, Central and State, Its hierarchical character,
accountability and responsiveness, Powers and functions,
Attainment of developmental and social welfare goals through
bureaucracy – problems and perspectives, Class character and
structure, Administrative deviance – corruption, nepotism, mal-
administration, Disciplinary proceedings and prosecutions under
prevention of corruption Act.

UNIT - 3 LEGISLATIVE POWERS OF ADMINISTRATION - Necessity


for delegation of legislative power, Constitutionality of delegated
legislation-powers of exclusion and inclusion and power to modify
statute, Requirements for the validity of delegated legislation -
Consultation of affected interests and public participation in
decision-making, Publication of delegated legislation,
Administrative directions, circulars and policy statements,
Legislative control of delegated legislation - Laying procedures
and their efficiency, Committees on delegated legislation – their
constitution, function and effectiveness, Hearings before
legislative committees, Judicial control of Delegated Legislation
– Doctrine of ultravires, Sub-delegation of legislative powers.

UNIT - 4 JUDICIAL POWERS OF ADMINISTRATION - Need for


devolution of adjudicatory authority on administration,
Administrative tribunals and other adjucating authorities their
ad-hoc character – Compare administration Justice in Courts
with that of Tribunals (Ref.Robson), Nature of tribunals -
constitution, procedure, rules of evidence, etc., with special
reference to the following - Central Board of Customs and
Exercise, MRTP Commission, ESI Courts, Service Tribunals,
Jurisdiction of administrative tribunals and other authorities:
Distinction between quasi-judicial and administrative functions
and relevance of the distinction in the light of recent decisions of
the Supreme Court, The right to hearing – Essentials of Hearing
Process, bias (no one can be judge in his own cause ) oral
hearing, etc., Rules of evidence – no evidence, some evidence
and substantial evidence rules, Requirements regarding
reasoned decisions, The right to counsel, Institutional decisions,
Administrative Appeals, Council on Tribunals and Inquiries in
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England, U.S. Regulatory Agencies and Administrative
Procedures Act, 1946, Emerging Trends of Tribunalization in
India as a means to relieve congestion in the courts and utilization
of administrative expertise.

UNIT - 5 JUDICIAL CONTROL OF ADMINISTRATIVE ACTION –


Preliminary - Courts as the final authority of determine legality
of administrative action-problems and perspectives, Exhaustion
of administrative remedies, Standing, standing for social action
litigation, Laches, Res Judicata, Grounds of Judicial Review :
Scope of Judicial Review - Jurisdictional error/ultra vires, Abuse
and non exercise of jurisdiction, Error apparent on the face of
the record, Violation of principles of natural justice, Primary
Jurisdiction, Absence of rightness, Absence of rightness, Political
Question, Doctrine of legitimate expectation, Methods of Judicial
Review - Statutory appeals, Mandamus, Certiorari, Prohibition,
Quo-Warranto, Habeas Corpus, Declaratory Judgements and
injunctions, Specific performance and civil suits for
compensation, Fact-finding commissions.

UNIT - 6 ADMINISTRATIVE DISCRETION - Need for administrative


discretion, Administrative discretion and rule of law, Mala fide
exercise of discretion, Constitutional imperatives and use of
discretionary authority, Irrelevant considerations, Non-exercise
of discretionary power, Discretion to prosecute or to withdraw
prosecution, Limiting, confining and structuring discretion-
General discretion, technical discretion.

UNIT - 7 LIABILITY FOR WRONGS - Tortious liability : Sovereign and


non-sovereign functions, Crown Proceedings Act of U.K. and
Torts Claims Act of U.S., Statutory immunity, Act of state,
Contractual liability of government, Government privilege in legal
proceedings – state secrets. Public interest, etc.., Right to
information and open government, Estoppel and Waiver

UNIT - 8 CORPORATIONS AND PUBLIC UNDERTAKINGS - State


Monopoly – Remedies against arbitrary action or for acting
against public policy, Liability of public and private corporations

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of Departmental undertakings, Legal Remedies, Accountability
– Committee on public undertakings , Estimates Committee,
etc..,

UNIT - 9 INFORMAL METHODS OF SETTLEMENT OF DISPUTES


AND GRIEVANCE REDRESSAL PROCEDURES - Conciliation
and mediation through social action groups, Use of Media,
lobbying and public participation in policy making, Public inquiries
and Commissions of inquiry, Ombudsman, Parliamentary
Commissioner, Lok Pal , Lok Ayukta, Vigilance Commission,
Congressional and Parliamentary Committees.

REFERENCE BOOKS :
1. Administrative Law – G.C.V.Subba Rao
2. Administrative Law- S.P.Sathe
3. Lectures on Administrative Law-M.P.Jain & S.N.Jain
4. Principles of Administrative Law – M.P.Jain
5. Administrative Law-I.P.Massey

PAPER XV - COMPANY LAW

UNIT - I MEANING OF COMPANY – VARIOUS THEORIES OF


CORPORATE PERSONALITY – CREATION AND
EXTINCTION OF COMPANY.

UNIT - 2 FORMS OF CORPORATE AND NON-CORPORATE


ORGANISATIONS - Corporations, partnerships and other
associations of persons, state corporations, government
companies, public sector; small scale, co-operative, corporate
and joint sectors; foreign collaboration; their-role, functions and
accountability, companies and the rule of law; their civil and
criminal liability, their essential characteristics.

UNIT - 3 FORMATION OF A COMPANY- Law relating to companies-


public and private-companies Act, 1956 - Need of company for
development formation of a company registration and
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incorporation, Memorandum of association – various clauses –
alteration there in – doctrine of ultravires, Articles of association
– binding force – alteration – its relations with memorandum of
association – doctrine of constructive notice and indoor
management – exceptions, Prospectus – issue – contents –
liability for misstatements – statement in lieu of prospectus,
Promoters – position – duties and liabilities.

UNIT - 4 SHAREHOLDERS AND DIRECTORS - Shares – general


principles of allotment statutory restrictions – share certificate
its objects and effects – transfer of shares – restrictions on
transfer – procedure for transfer – refusal of transfer – role
ofpublic finance institutions – relationship between transferor
and transfere – issue of shares at premium and discount,
Shareholder – who can be and who cannot be a shareholder
modes of becoming a shareholder calls on shares – forefeiture
and surrender of shares – lien on shares rights and liabilities of
shareholder Share capital – kinds – alteration and reduction of
share capital – further issue of capital – conversion of loans and
debentures into capital duties of court to protect the interests of
creditors and shareholders, Directors – positions – appointment
– qualifications, vacation of office – removal, resignation – powers
and duties of directors – meeting, registers, loans – remuneration
of directors – role of nominee directors-compensation for loss
of office – managing directors and other managerial personnel.

UNIT - 5 DIVIDENDS, DEBENTURES, BORROWING POWERS -


Meetings – kings procedure – voting, Dividends – payment –
capitalisation of bouns shares, Audit and accounts, Borrowing –
powers – effects of unauthorised borrowing - Charges and
mortgages – loans to other companies investments – contracts
by companies, Debentures – meaning – need floating charge –
kinds of debentures – shareholder and debenture holder –
remedies of debenture holders, Protection of minority rights,
Prevention of oppression and who can apply – when can he
apply – powers of the court and of the central Government.

UNIT - 6 OTHER ALLIED ASPECTS - Private companies – nature


advantages conversion into public company foreign companies,
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governments companies, holding and subsidiary companies,
Investigations – powers, Reconstruction and amalgamation,
Defunct Companies.

UNIT - 7 WINDING UP - Winding up – types – by court – reasons –


grounds - who can apply – procedure, powers of liquidator –
powers of court consequences of winding up order – voluntary
winding up by members and creditors winding up subject to
supervision of court – liability of past members – payment of
liabilities – preferential payments, unclaimed dividends – winding
up of unregistered company.

UNIT - 8 LAW AND MULTINATIONAL COMPANIES - Collaboration


agreements for technology transfer, Control and regulations of
foreign companies taxation of foreign companies, share capital
in such companies.

REFERENCE BOOKS:
1. Lectures on Company Law – S.M.Shaw
2. Company Law- Dr.S.R.Myneni
3. Company Law- Avtar Singh

PAPER XVI – PUBLIC INTERNATIONAL LAW

UNIT - 1 STATES AS SUBJECTS OF INTERNATIONAL LAW - Nature


of international law, Evolution of nature of ‘state’ as a subject of
international law, Criteria of state hood, Distinction between state
and Government, Recognition of ‘states’ and Governments, The
notion of ‘state’ succession.

UNIT - 2 STATES AS MAKERS OF INTERNATIONAL LAW - Custom-


creation through state practive, (a) Concept of ‘State practices’
creative of ‘Custom’, (b)Types of ‘Custom’, (c)Proof of ‘Custom’,
(d)Place of customary international law in the evolution and for
the future international law, Treaties - (a) Concept of Treaties,
(b)Types of treaties. (bilateral/regional/multilateral: dispositive/

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non-dispositive: law – creating), (c) Authority to enter into treaties,
which special reference to India and SARC, (d) Essential of a
valid treaty, with special reference to juscogens, (e) State
succession to treaties, with special reference to sino-India,
difference on succession to ‘Unequal’ treaties and the SATC
AND ASINA STATE PRACTICE, (f). Select problems in Treaty
Interpretation, International adjudication, general principles of
civilized nations and juristic Writing (publicists as acknowledged
subsidiary international law creating Acts), The resolutions of
the General Assembly as law creating Act, The status of
specialized United Nations agencies The role of international
NGOS in International law creation.

UNIT - 3 INDIVIDUALS, NON-STATE COMMUNITIES AND PEOPLES


IN INTERNATIONAL LAW - The Traditional discourse
concerning Individual as subject and object of International law,
The Basic modification, post-charter, in the position of the
Individual.

UNIT - 4 EQUITABLE RESOURCE UTILIZATION AND JUST WORD


ORDER - The Traditional concepts of state jurisdiction, The
Reformulation of the law of the common heritage or mankind,
(a) From more Liberum to the common heritage of mankind. (b)
Territorial Waters. (c) Continental shelf. (d) Sea-bed and ocean
floor. (e) Special problems of Antarctica. The law of outer space
(The moon Treaty, Geostationary object in outer space, problems
of liability in the case of Hazards. The merging law concerning
Tran boundary pollution Accidents (Chernobyl, basle and
Bhopal).

UNIT - 5 NUCLEAR PROLIFERATION AND DISARMAMENT -


International Regime for controlling nuclear proliferation: NPT
and All that, The ‘Legality’ of Nuclear weapons. (a) The customary
law of ‘Selr-Defence. (b) The Charter law of self-defence. (c)
Definitions of ‘Agression’. (d) Legality of use of Nuclear weapons
in Hiroshima and Nagasaki with special reference to the
Japanese. (e) District court decision in shimoda case. (f) The
Test Ban Treaty and legality of testing (The Green peace case).

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(g) Nuclear weapons as weapons of Mass Destruction and the
Relevance of the legality Discourse to new technology.

UNIT - 6 THE LAWS OF WAR - The outlaws of war in the united nation
charter, Temperaments belli and Humanitarian law. In acts short
of war, UN peace keeping forces, Regional Peace Arrangements,
include law. In acts short of war.

UNIT - 7 INTERNATIONAL ECONOMICS LAW - The IBRO, the IMF, The


GATT, The UNCTAD, W.T.O., The UNCITRAL.

REFERENCE BOOKS:
1. Public International Law – K.K.Bhattacharya
2. International Law – Dr.S.K.Kapoor

PAPER XVII - LABOUR AND INDUSTRIAL LAW

UNIT - 1 HISTORICAL PERSPECTIVES ON LABOUR - Labour through


the ages – slave labour – guild system – division on case basis
– labour during feudal days, Colonial labour law and policy,
Labour – capital conflicts : exploitation of labour profit motive,
poor bargaining power, poor working conditions, unorganised
labour, surplus labour, division of labour and super-specialisation,
lack of alternative employment, International labour standards
and their implementation, From Laissez faire to Welfare State:
transition from exploitation to protection and from contract to
statue.

UNIT - 2 TRADE UNIONISM - Labour Movement as a counter measure


to exploitation – History of trade union movement in India., Right
to trade union as part of human right to freedom of association,
amalgamation, rights and liabilities dissolution, Legal control and
protection of trade union, : registration, amalgamation, rights
and liabilities dissolution, Problems : multiplicity of unions, over
politicisation – intra-union and inter-union rivalry, outside
leadership, closed shop and union – shop, recognition of unions.

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UNIT - 3 COLLECTIVE BARGAINING - Concept of collective bargaining,
International norms–conditions precedent–merits and demerits,
Negotiation, Pressurization: strike and lockout, go-slow, work to
rule, gherao, Structure of bargaining: plant, industry and national
levels, Duration and enforcement of bipartite agreement,
Reforms in law.

UNIT - 4 STATE REGULATION OF INDUSTRIAL RELATIONS -


Theoretical foundations: social justice, labour welfare, public
interest, productivity, industrial peace and development, price
control, Methods of regulation, Recognition of mutual
arrangements, Assistance to bipartite settlement : conciliation,
voluntary arbitration, formulation of standing orders, State
prescription of machinery : reference for adjudication (the political
overtones), the adjudicatory mechanisms (How do they differ
from courts?), Award and its binding nature, judicial review of
awards, State prescription of standards inlay off, strike, lockout,
retrenchment, closure and transfer of under takings, The
conceptual conundrum: industry, industrial dispute, workmen,
Unfair labour practices.

UNIT - 5 DISCIPLINE IN INDUSTRY: RESTRAINTS ON MANAGERIAL


PREROGATIVES - Doctrine of hire and fire – history of
management’s prerogative, Fairness in disciplinary process,
Punishment for misconduct – meaning of misconduct, The right
to know : the charge sheet, The right to defend ; domestic enquiry,
notice, evidence, cross-examination, representation, unbiased
inquiry officer and reasoned decision, Prenatal (Permission) and
Postnatal (Approval) control during pendency of proceedings
(S.33 of the I.D. Act).

UNIT - 6 REMUNERATION FOR LABOUR - Theories of wages: marginal


productivity, subsistence, wages fund, supply and demand,
residual claimant, standard of living, Concepts of wages
(minimum wages, fair wages, living wages, need-based
minimum wages), Components of Wages: dearness allowance,
principle of fixation, Disparity in wages in different sectors – Need
for rationalisation and national approach, Wage determining

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process – modes and modalities, Unilateral fixation by employer,
Bilateral fixation, Conciliation, arbitration and adjudication, Wage
Board and Pay Commission, Principles of wage fixation,
Concept of bounds – computation of bonus, Protection of Wages:
non-payment, delayed payment, unauthorised deductions –
remedial measures.

UNIT - 7 HEALTH AND SAFETY - Obligations for health and safety of


workmen – Legislative controls: factory, mines and plantations,
Employer’s liability, Workmen’s Compensation, Employees’ State
Insurance, Liability for hazardous and inherently dangerous
industries – environmental protection.

UNIT - 8 LABOUR WELFARE - Welfare provided by the employers and


through bipartite agreements and by statutory prescription,
Provident fund and family pension, Gratuity, Inter-state migrant
workmen-regulation of employment and conditions of service,
Regulation of working hours : Statutory controls, Woman and
labour force, Equal Remuneration law, maternity benefits,
protective provisions for women under Factories, Plantations
and Mines Laws, Employment of young person: Prohibition of
employment of Children, regulation of employment of young
persons.

UNIT - 9 PROTECTION OF THE WEAKER SECTORS OF LABOUR -


Tribal Labour : Need for regulation, Beedi workers, Unorganised
labour like domestic servants : Problems and perspectives,
Bonded Labour : Socio-economic programmes for rehabilitation,
Contract labour – regulation, Constitutional dimensions of labour
standards.

REFERENCE BOOKS:
1. Commentary on labour & Industrial law- Khan & Khan’s
2. Labour & Industrial Laws- S.N.Misra

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PAPER - XVIII
REGULATORY LAWS (H.C. – III)

OBJECTIVES OF THE COURSE


Economic Liberalization in India made many changes regulating
public and private equally. The regulatory authorities are part of the execu-
tive branch of government and posses all nature of control with them. There
are legislations relating to regulatory authority like health, safety, quality and
quantity. This course primarily covers the legislations to deal with regulation
in consumer interest and economic wealth of the country.

UNIT - 1 INTRODUCTION - Theories of regulation – Public interest


theories – Private interest theories – Institutionalised theories –
Regulation beyond the State.

UNIT - 2 COMPETITION ACT - The Competition Act, 2002 – Anti


competitive agreement – Dominant position – Regulation of
combination – Competition Commission of India – Duties, powers
and functions – Penalties.

UNIT - 3 THE TELECOM REGULATORY AUTHORITY OF INDIA ACT -


TRAI Act, 1997 – Establishment and incorporation of TRAI –
Powers and function of authority – Settlement of dispute
Amendment in 2000.

UNIT - 4 THE ELECTRICITY ACT - Electricity Act, 2003 – Licensing –


National electricity policy and plan – Central electricity authority
– Regulatory commissions – Powers – State Commissions –
Andhra Pradesh Electricity Regulatory commission –
A.P.Electricity Reform Act 1998 – Electricity Rules, 2005 U/S
176 of the Electricity Act, 2003 by Government of India.

UNIT - 5 PENSION FUND AND DEVELOPMENT REGULATORY


AUTHORITY ACT - PFDRA – Powers and functions.
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REFERENCE BOOKS:
1. Bronwen Morgan – An Introduction to Law and Regulation.
2. S.P.Sathe – Administrative Law
3. The Telecom Revolution in India: Technology, Regulation and Policy
– By Indian Institute of Management, Bangalore (IIMB)
4. Sarkar and Bhatnagar – Law of Electricity in India.
5. TRAI – Consumers’ Handbook on Telecommunications.
6. A.C. Fernando – Business Ethics: An Indian Perspective.
7. Sarkriya D. – SEBI and Securities Market in India.
8. Avatar Singh – Competition Law.

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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SEMESTER - IV
PAPER XIX: PRINCIPLES OF TAXATION LAW

UNIT - 1 Definition of Tax and its distinction with other levies of imposition
like fee, duty; cess and fine etc. General principles of taxation,
objectives of taxation, distribution of tax entries under the Indian,
Constitution, Doctrine of Immunity of Instrumentality.Outlines of
Income Tax Act 1961. Basic concepts like, Assessment year,
person, Charge of Income, Gross total income. Total income
and tax liability, Agricultural Income, Casual Income. Business
capital and Revenue , Residential status and tax liability, Income
exempt from tax, Heads of Income –salary income from house
property, profits and gains of Business and profession, capital
gains and income from other sources, Clubbing provisions, Set
of and carry forward of losses Deduction from gross total income,
Return of Income and Assessment, Income Tax authorities and
powers, Appeals and Revision, Wealth Tax Act – Chargeability
Net wealth, Assets. Demand Assets, Exemptions, Central Sale
Tax Act 1956 Interstate sales, Outside sale and import and export
sale, Registration of Dealer, Declared goods, Tax liability, APGST
Sale, Dealer, Turn Over, Tax liability, Authorities and powers,
Appeal and Revision.

REFERENCE BOOKS:
1. Law of Taxation - Taxman.
2. Law of Taxation – S.R.Myneni.
3. Systematic Approach to Income Tax – Dr.Gurish Ahuja.
4. Income Tax - Nani Palkivala.
5. Taxation Law – Kailash Rai.

PAPER XX
CRIMINAL PROCEDURE CODE, JUVENILE JUSTICE ACT
AND PROBATION OF OFFENDERS ACT

UNIT - 1 INTRODUCTION - The rationale of Criminal Procedure: the


importance of Fair Trail.Constitutional Perspectives : Articles 14,
20 & 21, The variety of Criminal Procedures and The organization
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of police, prosecutor, defense, counsel and prison authorities
their duties, functions and powers, Types of Procedures –
Inquisitorial & Adversary – Importance of observance of
Procedure.

UNIT - 2 PRE-TRIAL, PROCESS : ARREST - The distinction between


“Cognizable” and non-cognizable offences: relevance and
adequacy problems, Steps to ensure accused’s presence at trial:
warrant and Summons cases. Arrest with and without Warrant
(Sections 70-73, and 41), The absconder status (Section 82,
83, 84, & 85), Rights to be informed of Grounds of arrest (Sec.
60(1),55,75), Right to be taken to Magistrate without Delay (Sec.
56, 75), Right of not being detained for more than twenty-four
hours (Section 57); Article 22 (2) of the constitution of India.
Right to consult legal practitioner and legal aid, Right to be
examined by a medical practitioner (Section 54)

UNIT - 3 PRE-TRIAL PROCESS: SEARCH AND SEIZURE - Search


warrant (Sections 83, 94, 97, 98) and searches without warrant
(Section 103), Police search during investigation (Section 165,
166, 153), General Principles of Search (Section 100),
Constitutional aspects of validity of search and seizure
proceedings.

UNIT - 4 PRE-TRIAL PROCESS: FIR - F.I.R (Section 154), Evidentiary


value of F.I.R (see Sections 145 and 157 of Evidence Act),

UNIT - 5 PRE-TRIAL PROCESS: MAGISTERIAL POWERS TO TAKE


COGNIZANCE (Sections 195 to 199 Cr. P.C.)

UNIT - 6 TRIAL PROCESS - Commencement of Proceedings: (Section


200, 201,202), Dismissal of Complaints (Sections 203, 204),
Bail - “Bailable “ and “Non-Bailable” offences (Sections 436,
437, 439), Cancellation of Bails (Section 437 (5)), Anticipatory
Bail (Section 438), Appellate Bail Powers-suspension of
sentence, (section 389)(1), 395, 437(5), General Principles
concerning Bond (Sections 441-450), Constitutional Principle
regarding Bail.
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UNIT - 7 FAIR TRIAL - Conception of Fair Trial, Presumption of
innocence, Venue of trial (Sections 177–189)–Jurisdiction of
criminal Courts, Right of Accused to know the Accusation
(Section 221-224), The trial must generally be held in accused’s
presence (section 205,273,317), Right of Cross Examine and
to offer evidence in defence, Constitutional Interpretation of Art.
21 as a right to speedy trial.

UNIT - 8 CHARGE - Form and Content of Charge (Sectiond211, 212,


216), Separate charges for distinct–offences (Sections 218, 219,
220, 221, 223).

UNIT - 9 PRELIMINARY PLEAS TO BAR TRIAL - Jurisdiction (Sections


26, 177-1888, 461,462,479), Time Limitations: Rationale and
Scope (Section 468-473), Pleas of Autrefois Acquit and Autrefois
Convict (Sec. 300, 22D), Issues – Estoppel.

UNIT - 10 TRIAL BEFORE A COURT OF SESSION - (Procedural steps


and substantive rights under Sections 226-236)

UNIT - 11 JUDGEMENT - Form and Content (section 354), Summary


trial (sec.350), Post-Conviction orders in lieu of punishment:
emerging penal policy (section 360, 361, 31), Compensation
and Cost (Section 353,362, 363), Modes of providing judgement
(Section 353, 362, 363)

UNIT - 12 APPEALS & REVISION - No appeal in certain cases (sections


372, 375, 376), The rationale of appeals, review, revisions, The
multiple range of appellate remedies, Supreme Court of India
(Sec. 374, 379 Art. 132,134), High Court (section 374), Sessions
Court (Section 374), Special right to appeal (section 380),
Governmental Appeal Against Sentencing (Sec.377,378),
Judicial powers in disposal of appeals (Sec.168), Legal Aid in
Appeals.

UNIT - 13 REFORM OF CRIMINAL PROCEDURE-SELECT AREAS.

UNIT - 14 PROBATION - Problems and principles, Suspension of


sentence.
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UNIT - 15 PAROLE - Meaning of Parole, Authority granting Parole,
Supervision, Conditional release.

UNIT - 16 PROCEDURES UNDER PROBATION OF OFFENDERS ACT.

UNIT - 17 SPECIAL PROCEDURES IN CRIMINAL MATTERS -


Procedures under Juvenile Justice Act, Juvenile Justice System,
Treatment and rehabilitation of Juveniles, Juvenile – Adult crimes
Protection of Juvenile offenders–Legislative & Judicial role,
Concept of Juvenile Delinquency.

REFERENCE BOOKS:
1. Code of Criminal Procedure – Padala Rami Reddy
2. Code of Criminal Procedure – R.V.Kelkars
3. Code of Criminal Procedure – Ratanlal and Dhirajlal
4. Code of Criminal Procedure – Prof.S.N.Misra
5. Code of Criminal Procedure – M.P.Tandon

PAPER XXI
CIVIL PROCEDURE CODE AND LIMITATION ACT

UNIT - 1 INTRODUCTION - Conceptions of Civil Procedure in India before


the advent of the British Rule, Evolution of Civil Procedure from
1712 to 1901,Principal features of the Civil Procedure Case,
Importance of State Amendments Types of Procedures –
Inquisitorial & Adversary – Importance of observance of
Procedure.

UNIT - 2 SUITS - Concept of Law Suit, Order I, Parties to Suit, Order II,
Frame to Suit, Order IV, Institutions of Suits, Bars &Suit:
Doctrines of Sub Judice & Res Judicata, Place of Suing (Section
15, 20) – Territorial Jurisdiction, “Cause of Action” and
Jurisdictional Bars, Summons (Sections 27, 28, 31, orders IV,
VI, IX), Service of Foreign Summons (Section 29) Power for
order (Section 30, Order XI).

88
Syllabus for LL.B. Hons. - 3 Years
UNIT - 3 PLEADINGS (Order VI)- Material Facts, Forms of Pleadings,
Condition Precedent, Presumptions of Law, Striking Out/
Amendment.

UNIT - 4 PLAINT (Order VII) Particulars (esp. in money suits/ suits for
immovable property), Showing of defendant’s interest and
liability, Ground of Limitation, Return of Plaint, Rejection of Plaint,
Production and listing of Documents, Written Statement, Counter
Claim, Set off, Framing of issues.

UNIT - 5 APPEARANCE AND EXAMINATION – Appearance, Exparte


procedure, Default of plaintiff, Summoning and attendance of
witnesses, Examination, Admissions, Production, Impounding,
Return of Documents, Hearing, Affidavit.

UNIT - 6 ADJOURNMENTS- Order XVII, Adjournment, Judicial Discretion


and Problems arrears.

UNIT - 7 JUDGMENT AND DECREE- Concepts of Judgment, Decree,


and Interim Orders and stay,Injunctions, Appointment of
Receivers, Costs.

UNIT - 8 EXECUTION: (Or.XXI) - Concept of “Execution, General


Principles of Execution, Power for Execution of Decrees (Section
38-46), Procedure for Execution (Section 51-54), Enforcement:
Arrest and Detention (Section 55-59), Attachment (Section 60-
64), Sale (Section 65-67).

UNIT - 9 SUITS IN PARTICULAR CASES - Suits by or against


Government (Section 79-82), Suits by Aliens and by or Against
Foreign Rulers, Ambassadors and (Section 91-93), Suits relating
to public matters, Incidental and supplementary Proceedings
(Section 75-78, 94-95), Suits against Minors, persons with
unsound mind, indigent persons etc, Inter pleader suits.

UNIT - 10 APPEALS - Appeals from Original Decrees (Section 96-99-A)


and Order XLI, Appeals from Appellate Decrees (Sections 100-
101), Appeals from Orders (Sections 104-106) Or. XLIII), General
89
Syllabus for LL.B. Hons. - 3 Years
Provisions Relating to Appeals (Section 107-108), Appeals to
the Supreme Court (Section 108).

UNIT - 11 COMMISSIONS- The Rationale of Commissions, Order XXVI,


Socio-Legal Commissions of Inquiry in “Social Action” or “Public
Interest” litigation.

UNIT - 12 LAW REFORM - Concept of Limitation – Why limitation, General


Principles of Limitation, Extension – sufficient cause –
acknowledgement, Legal disability – Condonation – When
comes to an end , Limitation Act, 1963 (Excluding Schedules)

UNIT - 13 LIMITATION ACT

REFERENCE BOOKS:
1. Code of Civil Procedure – ALD Publications
2. Code of Civil Procedure- Oriental Publishing Company
3. Civil Procedure with Limitation Act – C.K.Takwani
4. Code of Civil Procedure – Mulla
5. Code of Civil Procedure – A.N.Saha
6. Limitation Act – B.B.Mitra

PAPER XXII : LAW OF EVIDENCE

UNIT - 1 INTRODUCTORY - Conceptions of evidence in classical Hindu


and Islamic Jurisprudence, Evidence in Customary Law
Systems (non-state law), The Introduction of the British
“Principles” of evidence, The Main Features of the Indian
evidence Act, 1861, Other Acts which deal with Evidence (Special
reference to C.P.C., Cr.P.C., Central Acts, such as Banker’s Book
Evidence Act, Commercial Documents, Evidence Act, Fiscal and
revenue laws etc.), Problem of Applicability of Evidence Act -
Administrative, Administrative Tribunals, Industrial Tribunals,
Commissions of Enquiry, Court-martial, Need for Industrial
Tribunals, Commissions of Enquiry, court- martial, unfair means
at examinations, arbitration, disciplinary proceedings.
90
Syllabus for LL.B. Hons. - 3 Years
UNIT - 2 CENTRAL CONCEPTIONS IN LAW OF EVIDENCE - Facts:
Section 3 definition distinction (relevant facts/facts in issue),
Evidence : Oral and documentary (is “real” or “Material” Evidence,
covered by this) –Primary and secondary evidence,
Circumstantial evidence and Direct Evidence – Hearsay
Evidence, Presumption (section 4), “Proving” and “Disproving”,
Witness, Appreciation of Evidence.

UNIT - 3 FACTS: RELEVANCY - The doctrine of Res Gestae (Section


6,7,8), Evidence of Common Intention (section 10), The
Problems of relevancy of “otherwise” Irrelevant Facts (Section
11), Relevant Facts for Proof of Custom (Section 13), Facts
concerning bodies & Mental state (Section 14, 15)

UNIT - 4 ADMISSIONS AND CONFESSIONS - General Principles


concerning Admissions (Section 17-23), Differences between
“Admission” and “Confession”, The problems of non-admissibility
of confessions caused by “Any inducement threat of promises”
(Section 24), Inadmissibility of Confession made before a Police
Officer (Section 25), Admissibility of “Custodial” confession
(Section 26), Admissibility of “information” received from an
accused person in custody; with Special reference to the problem
of discovery based on “joint statement” (Section 27), Confession
by Co-accused (Section 30),The problems with the judicial action
based on a “retracted confession”.

UNIT - 5 DYING DECLARATIONS - The justification for relevance on


dying declarations (Sec.32), the judicial standards for
appreciation of evidentiary value of dying declarations.

UNIT - 6 OTHER STATEMENTS BY PERSONS WHO CANNOT BE


CALLED AS WITNESS- Section 33(2) to (8) : General principles,
Special Problems concerning violation of women’s rights in
marriage in the Law of Evidence : Section 32(6).

UNIT - 7 RELEVANCY OF JUDGEMENTS - General Principles (Section


40-44), Admissibility of Judgements in Civil and Criminal matters
(Sec. 43), “Fraud” and “collusion” (Section 44).
91
Syllabus for LL.B. Hons. - 3 Years
UNIT - 8 EXPERT TESTIMONY - General Principles (Section 45-50),
Who is an expert? Types of Expert Evidence, Opinion on
Relationship especially proof of marriage (Section 50), The
Problems of judicial defence to expert testimony.

UNIT - 9 ORAL AND DOCUMENTARY EVIDENCE - General Principles


concerning Oral Evidence (Section 59-60), General Principles
concerning Documentary Evidence (Sections 67-90), General
Principles regarding Exclusion of Oral by Documentary Evidence,
Special Problems regarding Hearsay Evidence, Estoppel in
relation to oral and documentary evidence.

UNIT - 10 WITNESSES, EXAMINATION AND CROSS EXAMINATION -


Competency to Testify section 118), State Privilege (Section 123),
Professional Privilege (Section 126, 127, 128), Approver
Testimony (section 133), General Principles of Examination
(Section 135-166), Leading questions (Section 141-143), Lawful
Questions in Cross-examination (Section 146), Compulsion to
answer questions put to witness (Section 147,153), Hostile
witness (section 154), Impeaching of the standing or credit of
witness (section 155).

UNIT - 11 BURDEN OF PROOF- The General conception of onus


Probandi (Section 101), General and Special Exceptions to Onus
Probandi, The justification of presumption and the doctrine of
judicial notice, Justification as to presumption as to certain
offences (Section113A), Presumption as to Dowry Death (section
113-B), The Scope of the Doctrine of Judicial Notice (Section114).

UNIT - 12 ESTOPPEL - What is Estoppel? Introduction as to the Rationale


(section 115), Estoppel, ResJudicata and Waiver; and
Presumption, Estoppels a matter of, Estoppel by Deed, Estoppel
in fair.], Equitable and Promissory estoppels, Questions of
corroboration (Section 156-157), Improper admission and of
witness in civil and criminal cases.

UNIT - 13 LAW REFORM - Arising out of discussion of these areas, the


class should take up issues of law reform. The sixty-Ninth Report
92
Syllabus for LL.B. Hons. - 3 Years
on the Indian Evidence Act by the Law Commission of India
proposes many changes. Some of these must be considered
closely in this topic especially those which relate to the promotion
of human rights in the administration of justice.

REFERENCE BOOKS:
1. The law of evidence – Batuklal.
2. The law of evidence – Ratanlal & Dhirajlal
3. The law of evidence – Dr.V.Krishnamachari

PAPER – XXIII
BANKING LAWS INCLUDING NEGOTIABLE
INSTRUMENTS ACT

UNIT - 1 Introduction - Banking: definition- common law and statutory,


Commercial banks: functions, Essential functions, Agency
services, General utility services, International trading service,
Information services, Emergence of multi functional dimensions,
Systems of Banking: Unit banking, branch banking, banking,
Banking companies in India.

UNIT - 2 Banks and Customers - Customer: meaning, Legal character


of banker- customer, relationship, Rights and obligations of
banks, Right of set-off, Banker’s lien, Right to charge interest
and commission, Obligation to honour customers’ cheques, Duty
of confidentiality, Nature and justification of the duty, Excentions
to the duty, Garnishee order, Accounts of customers, Current
Accounts, Deposit Accounts, Joint Accounts, Trust Accounts,
Special types of customers:- Lunatics, minors, agents, executors,
partnership firms and companies.

UNIT - 3 Control over Banks - Control by Government and its agencies


- Need for elimination of systemic risk, avoidance money
laundering, Consumer protection, promotion of fair competition.
On management, On account and audit, On money lending,
Reorganization and reconstruction, On suspension and winding
up, Control by Ombudsman, RBI
93
Syllabus for LL.B. Hons. - 3 Years
UNIT - 4 Control Banking Theory and the RBI - Evolution of Central
Banks, Characteristics and functions of central banks, Central
bank as banker and adviser of the State, Central bank as
banker’s bank, The Reserve Bank of India as central bank in
India, Objectives and organizational structure, Functions,
Regulations of the monetary system, Monopoly of note issue,
Credit control, Determination of bank rate policy, Open market
operations, Banker to government, Control over Non-banking
financial institutions, Economic and statistical research, Control
and supervision of other banks.

UNIT - 5 Lending by Banks - Principles of good lending, Securities for


bank advances – Pledge, mortgage, charge, goods or
documents of title to goods, life insurance policies as security
Law 147, debentures as security, guarantees as security -
contract of guarantee and contract of indemnity, kinds of
guarantees: specific & continuing, surety’s rights and liabilities,
Repayment - Interest: Rule against penalties, Default and
Recovery - Recovery of Debts Due to Banks and Financial
Institutions Act, 1993, Establishment of; debt recovery tribunals-
constitution and functioning.

UNIT - 6 Merchant Banking - Merchant Banking in India, SEBI (Merchant


Bankers) Regulations, 1992.

UNIT - 7 Letter of Credit and Demand Guarantee - Letter of Credit -


Basic features, Parties to a letter of credit, Fundamental
principles, Demand Guarantee - Legal character, Distinction
between irrevocable letter of credit and demand.

UNIT - 8 Law Relating to Negotiable Instruments - Negotiable


instruments Kinds, Holder and Holder in due course, Negotiation,
Presentiment, Discharge from liability, Dishonor, Civil liability,
Liability, procedure for prosecution: extent of penalty, The Paying
Banker, Duty to honour customers’ cheques, Conditions,
Exceptions to the duty to honour cheques, Money paid by
mistake, The Collecting Banker - Liability for conversion, Duties,
Good faith and statutory protection to the collecting banker.

94
Syllabus for LL.B. Hons. - 3 Years
REFERENCE BOOKS:
1. M.S.Parthasarathy (Ed), Kharganvala on the negotiable instrument
Act (1998)
2. Buterworth, New Delhi.
3. M.L’Tannen, Tannen’s Banking Law and Practice in India, (2000)
India Law House, New Delhi
4. S.N’Gupta, The Banking Law in Theory and Practice, (1999)
Universal, New Delhi
5. G.S.N.Tripathi (Ed.), Sethi’s Commentaries on Banking Regulation
Act 1949 and Allied Banking Laws (2000) Law publishers, Allahabad.
6. Bashyam and Adiga, the Negotiable Instruments Act (1997) Bharath
Law House, New Delhi.
7. S.N.Gupta, Banks and the Consumer Protection Law (2000)
Universal, Delhi.
8. Mukherjee. T.K., Banking Law and Practice (1999), universal, Delhi.
9. Law of Banking – Dr.S.R.Myneni

PAPER – XXIV
LAW OF INSURANCE (H.C – IV)

OBJECTIVE OF THE COURSE :

The concept of insurance has significantly developed in the present


post privatization era. The study of insurance law has various dimensions.
The concepts like insurable interest, good faith criteria, remoteness of cause
have been very important in the area of insurance disputes. The IRDA, a
new regulator has framed various significant rules for regulating the insurance
sector. The bjective of the course is to provide the students.

i. To know of the legal dimensions relating to formation and discharge of


insurance contracts.
ii. To understand and appreciate the aspects of various insurance contracts.
iii. To learn the redressal mechanisms available pertaining to the insurance
sector.
95
Syllabus for LL.B. Hons. - 3 Years
UNIT - 1 INTRODUCTION - Meaning of concept of Insurance – Risk
Management - Kinds of risks – Insurable – Distinction between
Insurance Assurance – Parties of Insurance. Insurance and
contract linkage – Extent of applicability of General principles of
Law of Contract viz., offer, acceptance, capacity of parties,
consideration, consensus, ad-idem and lawful object – Insurance
and wager – Performance of insurance contracts – Discharge
of Insurance Contract. Necessity for applying special principles
of contract to Law of Insurance – Extent of applicability – Special
Principles: (a) Uberrimae fidae, (b) Idemnity, (c) Subrogation,
(d) Contribution (e) Proximate cause – Cover note and slip.

UNIT - 2 FIRE INSURANCE CONTRACT - Meaning of the term ‘Fire’ –


Fire policies – Perils insured – Fire claims – Scope of applicability
of special principles to contract of fire insurance – Standard Fire
Policy – ‘Average’ in Fire Insurance Contract.

UNIT - 3 MARINE INSURANCE CONTRACT - Significance of Marine


Insurance Contract – Maritime perils – Subject – Matter covered
by Marine Policy – Kinds of Marine policies – Scope of
applicability of special principles to contract of marine insurance
– Principle of ‘change of voyage’ and Deviation’ and therein
related aspects – Total loss – Partial loss – General average
sacrifice and expenditure – Salvage – An over view of Marine
Insurance Act, 1963 with special reference to Bill of Lading and
counter party.

UNIT - 4 LIFE INSURANCE CONTRACT - Introduction – Meaning of Life


Insurance and its significance – Kinds of Life policies – Extent
of applicability of Special Principles to Life Insurance Contract –
‘Suicide’ Clause in a Life Policy – Assignment and nomination –
Constitution, powers and functions of L.I.C. under L.I.C. Act,
1956 – Ombudsman, IRDA.

UNIT - 5 MOTOR VEHICLE INSURANCE - Introduction – The Motor


Vehicles Act, 1939 (as amended in 1988) – Compulsory Third
party Insurance of Motor Vehicles – No – fault liability – Chapter
VIII A of the Act – Motor Accident Claims Tribunals.
96
Syllabus for LL.B. Hons. - 3 Years
REFERENCE BOOKS :
1. Raoul Colinvarx – Law of Insurance
2. M.N. Srinivasan – Law of Insurance
3. Srinivasan & Murthy – Law of Insurance
4. Hardy Ivany – Law of Insurance

97
Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

98
Syllabus for LL.B. Hons. - 3 Years

99
Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

100
Syllabus for LL.B. Hons. - 3 Years

101
Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

102
Syllabus for LL.B. Hons. - 3 Years

103
Syllabus for LL.B. Hons. - 3 Years
MODEL QUESTION PAPER

104
Syllabus for LL.B. Hons. - 3 Years

105
Syllabus for LL.B. Hons. - 3 Years

MODEL QUESTION PAPER

106
Syllabus for LL.B. Hons. - 3 Years

107
Syllabus for LL.B. Hons. - 3 Years

SEMESTER - V
PAPER XXV : INTERPRETATION OF STATUTES AND
PRINCIPLES OF LEGISLATION

UNIT - 1 INTRODUCTION - Difference between Construction and


Interpretation, Concept and power of Interpretation - Literal
Construction, Other Principles of Interpretation.

UNIT - 2 GENERAL PRINCIPLES OF INTERPRETATION - The primary


rule: literal construction, The other main principles of
interpretation, Reading words in their context: the external
aspect, Reading words in context: the statutory aspect.

UNIT - 3 THEORETICAL OR IDEOLOGICAL APPROACHES TO


INTERPRETAITON - Judicial Restraint, Judicial Activism, Juristic
Restraint, Juristic Activism.

UNIT - 4 BENEFICIAL CONSTRUCTION

UNIT - 5 RESTRICTIVE CONSTRUCTION - Consequences to be


considered, Presumption against changes in the common law,
Mens rea in statutory offences.

UNIT - 6 CONSTRUCTION TO PREVENT EVASION OR ABUSE -


Construction to prevent evasion, Construction to prevent abuse
of powers.

UNIT - 7 PRESUMPTIONS REGARDING JURISDICTION -


Presumptions against ousting established jurisdictions,
Presumptions against creating new, and enlarging established
jurisdictions, How far statutes affect the Crown.

UNIT - 8 FURTHER PRESUMPTIONS REGARDING JURISDICTION -


Territorial extent of British legislation, How far statutes conferring
rights affect foreigners, Presumption against a violation of
international law.
108
Syllabus for LL.B. Hons. - 3 Years
UNIT - 9 CONSTRUCTION TO AVOID COLLISION WITH OTHER
PROVISIONS.

UNIT - 10 CONSTRUCTION MOST AGREEBLE TO JUSTICE AND


REASON - Presumption against intending what is inconvenient
or unreasonable, Presumption against intending injustice or
absurdity, Presumption against impairing obligations, or
permitting advantage from one’s own wrong, Retrospective
operation of statues.

UNIT - 11 EXCEPTIONAL CONSTRUCTION - Modification of the


language to met the intention, equitable construction, and strict
construction of penal laws, Statutes encroaching on rights or
imposing burdens.

UNIT - 12 SUBORDINATE PRINCIPLES - Usage and contemporaneous


exposition, Construction imposed by statute, Construction of
words in bonam partem, Change of language, Understanding
associated words in a common sense, and the expressio unius
rule, Generic words following more specific, Meaning of some
particular expressions.

UNIT - 13 INTENTIONS ATTRIBUTED TO THE LEGISLATURE WHEN


IT EXPRESSES NONE - Imperative and directory enactments,
Absolute and qualified duties, Impossibility of compliance,
Waiver, Public and private remedies.

UNIT - 14 STARE DECISIS - The Doctrine as inherited by us, Techniques


of Innovation (subversion) of Stare Decisions, Supreme Court’s
Authority to overrule its own Decisions (e.g. The Authority Case),
Advisory Jurisdiction and its import on Precedent, Prospective
Overruling in India, Objections to Judicial Review as
antimajoritarian.

UNIT - 15 STATUTORY INTERPRETATION AS ASPECT OF JUDICIAL


PROCESS - Rules of Statutory Interpretation: their Judge Made
Character, Rules of Statutory Interpretation : their Judge Made
Character, Legalism and Rule of Literal Interpretation, Creativity:
109
Syllabus for LL.B. Hons. - 3 Years
Mischief and Golden Rule, Self-Discipline : Rules of construction
in Fiscal and Criminal Statutes, Technicality : Rules as to
necessary and impried Repeal : Rules for interpretation of
codifying, consolidating and amending Statute, Values and
Interpretation

REFERENCE BOOKS:
1. Interpretation of Statutes – M.P.Tandon
2. Principle of statutory interpretation – Wadhwa & Company Nagpur
3. Interpretation of Statutes – Vepa P.Sarathi
4. Interpretation of Statutes - Chatterjee

PAPER – XXVI
ARBITRATION, CONCILIATION AND ALTERNATE
DISPUTE RESOLUTION SYSTEMS

UNIT - 1 JUDICIAL DISPUTE RESOLUTIONS - Characteristics -


Operating Principles - Party participation and control, Short focus
on issues, Reasoned decision, Finality, Adversary Process , What
course do and do not do effectively? Advantages and
Disadvantageous of such resolution.

UNIT - 2 ALTERNATE DISPUTE RESOLUTION - Alternate to formal


adjudication – Techniques process, Unilateral – Bilateral – triadic
(Third party) Intervention, Advantageous – Limitations,
Negotiation, Conciliation, Distinction between arbitration –
conciliation and negotiation.

UNIT - 3 DISTINCTION BETWEEN JUDICIAL SETTLEMENT AND


ALTERNATE DISPUTE RESOLUTION

UNIT - 4 THE ARBITRATION AND CONCILIATION ACT, 1996 -


Background of the Act, Efforts of United Nations commission
on International Trade Law, Model Arbitration Law, and
Recommendations of Law Commission of India.

110
Syllabus for LL.B. Hons. - 3 Years
UNIT - 5 ARBITRATION- Definitions of “Arbitrary”, “Arbitrator”, Arbitration
agreement”, Appointment of “Arbitrator”, Grounds for changing
the arbitrator, Terminator of Arbitrator.

UNIT - 6 PROCEEDINGS IN ARBITRAL TRIBUNALS - Arbitral Award,


Termination of proceedings, Setting aside of arbitral award,
Finality and Enforcement, Appeals, Power of the High Court to
make rules.

UNIT - 7 ENFORCEMENT OF FOREIGN AWARDS- New York and


Geneva Convention Awards.

UNIT - 8 CONCILIATION - Meaning and Definition, Appointment of


conciliators, Powers and functions of conciliations, Conciliation
agreements, Conciliation Proceedings, Enforceability.

UNIT - 9 ALTERNATE MODELS OF DISPUTE RESOLUTIONS - Role


of Panchayat, Role of Grama Sabhas, Lokpal-Lakayuka, Lok
Adalats, Family Court – Counselling centers, Tribunals.

UNIT - 10 LEGAL SERVICES AUTHORITY - ROLE OF N.G.O. IN


DISPUTE RESOLUTIONS

PAPER V : OPTIONAL PAPER (Taxation). (Optional paper and syllabus there


for will be prescribed by the University Concerned)

REFERANCE BOOKS:
1. Law relating to Arbitration & A.D.R – M.K.Acharya,s
2. An Introduction to A.D.R Machanism – K.K.S.R.Murthy’s
3. Law of Arbitration & Conciliation - Avtarsingh
4. Alternate Dispute Resolution - Dr.S.R.Mynani

PAPER XXVII
LAND LAWS INCLUDING TENURE AND TENANCY SYSTEM

UNIT - 1 OWNERSHIP OF LAND – DOCTRINE OF EMINENT DOMAIN


– DOCTRINE ESCHEAT
111
Syllabus for LL.B. Hons. - 3 Years
UNIT - 2 MOVEMENT OF LAW REFORMS - Pre-Independence position
– Zamindari Settlement – Ryotwari Settlement – Mahalwari
System – Intermediaries Absentee Landlordism – Large holdings,
Post-Independence Reforms - Abolition of Zamindaries, Laws
relating to Abolition of Intermediaries.

UNIT - 3 LAWS RELATING TO ACQUISITION OF PROPERTY AND


GOVERNMENTAL CONTROL AND USE OF LAND – LAND
ACQUISTION ACT OF 1894.

UNIT - 4 LAWS RELATING TO CEILING ON LAND HOLDINGS - Urban


land ceiling, Agricultural land ceiling.

UNIT - 5 LAWS RELATING TO TENANCY REFORMS - Land to the Tiller,


Rent control and protection against eviction.

UNIT - 6 LAWS RELATING ALIENATION / ASSIGNMENT IN


SCHEDULED AREAS.

UNIT - 7 LAWS RELATING TO GRABBING

UNIT - 8 FOREST LAWS – CONSERVATION OF FOREST ACT

REFERENCE BOOKS:
1. Land Laws in A.P –Dr.G.B.Reddy’s
2. Land Laws – Veluri Raghuram’s
3. Land Laws – Dr.S.R.Mynani

PAPER XXVIII
INTELLECTUAL PROPERTY LAWS
(RIGHTS & LITIGATIONS)

UNIT - 1 INTRODUCTORY - The meaning of Intellectual Property,


Competing rationales of the legal regimes for the protection of
intellectual property, The main forms of intellectual property :

112
Syllabus for LL.B. Hons. - 3 Years

copy right, marks, patents, designs, The competing rationales


for protection of rights in - Copy right, Trademarks, Patents,
Designs, Introduction to the leading international instruments
concerning intellectual property rights : the Berne convention,
Universal Copyright Convention, the Paris Union, the World
Intellectual Property rights Orgnization (WIPO) and the
UNSECO.

UNIT - 2 SELECT ASPECTS OF THE LAW OF COPYRIGHT IN INDIA -


Historical evolution of the law, Meaning of Copyright, Copy right
in literacy, dramatic and musical works, Copy right in Musical
and works and cinematograph films, Ownership of Copyright,
Assignment of Copyright, Author’s Special Rights, Notion of
Infringement, Criteria of infringement, Infringement of copyright
by films of literary and dramatic works, Importation and
Infringement, Fair Use Provisions, Video Piracy, Aspects of
Copyright Justice, Remedies, especially the possibility of Anton
Pillar injunctive relief in India

UNIT - 3 INTELLECTUAL PROPERTY IN TRADEMARKS - The


rationale of protection of trademarks as (a) an aspect of
commercial and (b) of consumer rights, Definition Conception
of Trade Marks, Registration, Distinction Between Trade Mark
and Property Mark , The Doctrine of Honest Concurrent User,
The Doctrine of Deceptive Similarity, Passing off and
infringement, Criterial of Infringement, Remedies.

UNIT - 4 THE LAW OF INTELLECTUAL PROPERTY : PATENTS -


Conception of Patent, Historical Overview of the patents law in
India, Patentable Iventions with special reference to
biotechnology products entailing creation of new forms of life,
Process of obtaining a patent : application, examination,
opposition, and sealing of patents : general introduction - The
problem of limited locus standi to oppose, specially in relation to
inventions having potential of ecological and mass disasters,
Wrongfully obtaining the invention, Prior Publication or
Anticipation, Obviousness and the Lack of Inventive Step,
Insufficient description, Rights and obligations of a patentee -
Patents as chose in action, Duration of patent : Law and Policy
113
Syllabus for LL.B. Hons. - 3 Years
consideration, Use and exercise rights, Right to secrecy, The
notion of “abuse” of patent rights, Compulsory Licenses, Special
Categories - Employee Invention : Law and Policy Consideration,
Combination and selection Patents, International patents,
Transfer of Technology, know-How and problems of self-reliant
development, Biotechnology patents, Patents I Nuclear Power,
Infringement, Criterial of Infringement, Onus of Proof, Modes of
Infringement : The Doctrine of colourable Variation, Defences in
suits of infringement, Injunctions and related remedies

UNIT - 5 CONSIDERATION OF SOME ASPECTS OF REFORM IN THE


LAW OF INTELLECTUAL PROPERTY.

REFERENCE BOOKS:
1. Intellectual Property Rights & the law – Dr.G.B.Reddy’s
2. Law of Intellectual Property – Dr.S.R.Mynani
3. Intellectual Property Rights – M.K.Acharya
4. Intellectual Property Rights laws in india – T.Ramappa
5. Patent law – P.Narayanan

PAPER - XXIX
INTERNATIONAL HUMAN RIGHTS

Objectives of the course


The main thrust of this course shall be development of human rights
(HR) law and jurisprudence at international, regional and national levels. There
need not be an attempt to teach the whole gamut of international raw in this
course. This is because many areas of international law are taught in optional
papers like international Economic Law (BCI O 01), Air and space Law (BCI
O11) and Maritime Law (BCI O 15). The HR dimensions shall be discussed
in other papers like Environmental Law (BCI C18), Labor Law (BCI C19) and
Women and Law and law relating to child (BCI O 13A). Needless to say that
this course is to be confined to deliberation of international law topics relevant
to the growth of HR law and how international norms and directions are applied
in the municipal law of the country.

114
Syllabus for LL.B. Hons. - 3 Years
UNIT - 1 Theoretical Foundations of Human Rights and International
Law- Basic principles: sovereign equality of states - non-
intervention - non use of force- international co-operation -
Peaceful settlement of disputes, Individuals as subjects of
international law, State jurisdiction on terrorism, hijacking,
narcotics, war crlmes and crimes, Against Peace, Treatment of
aliens.

UNIT - 2 Historical development of the concept of human rights -


Human rights in Indian tradition: ancient, medieval and modern,
Human rights in Western tradition, Concept of natural law,
Concept of natural rights, Human rights in legal tradition:
International Law and National Law’.

UNIT - 3 UN and Human Rights - Universal Declaration of Human Rights


(1948) – individual and group rights , Covenant on Political and
Civil Rights (1966), Covenant of economic, social and cultural
rights (1966), I L O and other conventions and protocols dealing
with human rights, Solidarity rights, Disarmament: threat to
human rights, International HR Commission, Mandates to States,
Right to development.

UNIT - 4 Role of Regional Organizations - European Convention, on


Human Rights , American Convention on Human Rights, African
Convention on Human Rights, SAARC.

UNIT - 5 Protection Agencies and Mechanisms - International


Commission of Human Rights -. Amnesty International, Non-
Governmental Organizations (NGOs), European Commission
on Human Rights/Court of Human Rights, U.N.Division of Human
Rights, International Labour Organization, UNESCO, UNICEF.

UNIT - 6 Impact and implementation of international human rights


Norms in India - Human rights norms reflected in fundamental
rights in the Constitution, Directive Principles: legislative and
administrative implementation of International human rights
norms, Implementation of international ‘human rights norms
through judicial Process.

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UNIT - 7 Enforcement of Human Rights in India - . Role of courts: the
Supreme Court, High courts and other courts, Statutory
commissions- human rights, women’s, minority and backward
class

REFERANCE BOOKS:
1. S.K.Varma, Public International Law (1998), Prentice-Hall, New Delhi
2. Human rights U. Chandra
3. Human Rights Watch Women’s Rights Project, the Human Rights
Watch Global
4. Report on Women’s Human Rights (2000), Oxford
5. Human rights, SR Myneni
6. International human rights, HO Agarwal

PAPER – XXX
MEDIA LAW WITH RTI ACT
UNIT - 1 Mass media – Types of – Press Films, Radio Television.
Ownership patterns – Press – Private – Public, Ownership
patterns – Films – Private, Ownership Patterns – Radio &
Television, Public, Difference between visual and non – visual
media – impact on people’s minds.

UNIT - 2 Press – Freedom of speech and Expression – Articles 19 (1)


(a): Includes Freedom of the press, Laws of defamation,
obscenity, blasphemy and sedition, Law relating to employees
wages and service conditions, Price and page Schedule
Regulation, Newsprint and Control Order, Advertisement – is it
included with in freedom of speech and expression? Press and
the Monopolies and Restrictive Trade Practices Act.

Unit - 3 Films -How far included in freedom of speech and expression?


Censorship of films – Constitutionally, The Abbas Case,
Difference between films and press – Why Pre censorship valid
for films but not for the press? Censorship under the
cinematography Act.
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Unit - 4 Radio and Television – Government Monopoly; Why Government
department? Should there be an autonomous corporation?
Effect of television on people. Report of the Chanda Committee,
Government Policy, Commercial advertisement, internal security
of serials, etc. judicial Review of Doordarshan decisions:
Freedom to telecast.

Unit - 5 Constitutional Restrictions; Radio and television subject to law


of defamation and obscenity, Power to legislate – Article 246
read with the seventh schedule, Power to impose tax – licensing
and license fee.

Unit - 6 Right to Information: Development of RTI in India.

Unit - 7 Right to Information Act, 2005; its implementation.

Unit - 8 Right to Information Decisions; Decisions of Judiciary.

Unit - 9 RTI and Decisions of Chief Central Information commissions


and State Information Commission under the RTI Act, 2005.

Unit - 10 Law Reforms in India.

REFERENCE BOOKS:
1. M.P.Jain, Constitutional Law of India (1994) Wadhwa.
2. H.M. Seervai, Constitutional Law of India Vol.1. (199)Tripathi, Bombay.
3. Rajeev Dhavan “On the law of the Press in India” 26JI.L/288(1984).
4. Rajeev Dhavan, “Ligitimating Government Rehtoric: Reflections on some
Aspects of the Second Press commission “ 26 J. L /391 (1984)
5. Soil Sorabjee, Law of person Censorship in India (1976).
6. Justice E.S. Venkatramaiah, Freedom of Press: some Recent Trends
(1984)

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Syllabus for LL.B. Hons. - 3 Years
7. D.D. Basu, The Law of Press of India (1980)
8. Right to Information Act, 2005, SP Sathe, 2006.
9. Right to Information in India, Solu Nigam

PAPER – XXXI
PRIVATE INTERNATIONAL LAW (H.C – V)

OBJECTIVE OF THE COURSE :

In this 21st century, Liberalisation, Privatisation and Globalization (LPG)


works beyond national barriers. The course creates an understanding on
the conflict of laws under various legal systems pertaining to jurisdiction,
marriage, divorce, adoption, maintenance, property. The course also covers
torts and contracts laws. The course also covers enforcement of foreign
judgements and arbitral awards.

UNIT - 1 Introduction – Scope of Private International Law – Theories of


Private International Law – Conflict of Law or Private International
Law – Codification of Private International Law – Hague
Conventions – Distinction between Public International Law and
Private International Law.

UNIT - 2 Jurisdiction – Choice of Law – Domicile – Residence – Renvoi –


Forum Convinience.

UNIT - 3 Cases involving Private International Law – Marriage – Divorce


– Adoption – Guardianship and Maintenance.

UNIT - 4 Contract – Negotiable Instruments – e-contracts – Private


International Law Relating to Corporations – Jurisdiction over
Corporations – Insolvency Jurisdiction and effects of Foreign
insolvency proceedings.

UNIT - 5 Enforcement of Foreign Judgements and Decrees –


Enforcement of Foreign Arbitral Awards – Evidence and
Procedure – Stay of Proceeding – Proof of Foreign Laws.

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Syllabus for LL.B. Hons. - 3 Years
REFERENCE BOOKS :
1. V.C. Govindaraj – The conflict of Law in India.
2. Paras Diwan – Private International Law.
3. Setalvad – Conflict of Laws.
4. Cheshire, North and Fawchett – Private International Law

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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SEMESTER - VI
PAPER XXXII – White Collar Crime

UNIT - 1 Legal and criminological conception of crime Relation between


criminology & Criminal Law Schools of Criminology – Causation
of crime – Different Theories Juvenile and female delinquency
– Theories, Juvenile justice Act, 1986.

UNIT - 2 White collar crimes – Social and economic offences Adult


criminal courts – Juvenile courts Punitive policies – Historical
evolution, and Modern theories and trends.

UNIT - 3 Methods of Punishment – Corporal and non-corporal


punishments sentencing process – Compensation to victims –
Imprisonment – Solitary confinement – Capital punishment –
Alternative to punishment – Individualisation of punishment.

UNIT - 4 Prison system – History and development – Open prison system


prison reforms – Judiciary and prison administration.
Correctional and rehabilitative techniques – Scope of correction
inside t6he the prison – Probation – Parole – After care service.

UNIT - 5 The police – Difficulties regarding procedure and evidence –


Police and public disturbance – Community relations – Judicial
and public image – Lock up deaths – National Police Commission
Recidivism – Measures to combat recidivision.

UNIT - 6 Prevention of Crime – Kinds of Programmes.

UNIT - 7 Victims of crime – Victimology – Nature and Development –


Role and typology of victims and criminal justice – Victims
teristics and judicial attitudes – Emerging trends and policies
State compensation programmes – Sentencing alternatives –
Compensation orders.

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Syllabus for LL.B. Hons. - 3 Years
REFERENCE BOOKS:
1. Criminology – Ahamd Siddique
2. Criminology & Criminal Administration – J.P.Sirohi
3. Criminology & Penology with Victimology – Prof.N.V.Paranjape
4. Criminology & Criminal Justice system – Dr.N.Maheswara Swamy

PAPER – XXXIII
MOOT COURT, PRE-TRIAL PREPARATIONS AND
PARTICIPATION IN TRIAL PROCEEDINGS

This paper will have three components of 30 marks each and Viva-Voce for
10 marks
A) Moot Court – 30 Marks
Requirements
❃ Three Moot Courts in a year, Each Ten Marks
❃ Moot Courts shall be based on assigned problems to be prepared
by the faculty concernedEvaluation by Principal / Head concerned
an advocate and Teacher concerned
❃ Out of the marks allotted for each problem. 5 marks are to be allotted
for written submissions and five for oral advocacy.
❃ Written submissions shall include brief summary of facts, issues
involved provisions of Land agreements, citation, Prayer etc.,
❃ Marks for oral advocacy may be awarded for communication skills,
presentations, Language, provisions of Law, authorities quoted court
manners etc.,

B) Observance of Trail in Two Cases, one civil and the criminal case –
30 marks
❃ Students has to attend courts to observe one civil and one criminal
case minimum and record his observations step by step of different
stages of litigations / proceedings in the 2/3rd year of 3 year Law
Course or 4/5 year in Law Course.

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Syllabus for LL.B. Hons. - 3 Years
❃ This court assignment should be evaluated by an internal Teacher
and an advocated and average be taken. Court attendance shall be
compulsory and attendance has recorded in a register kept therefore.
This may be carried under the supervision of a Teacher of the college.

C) Interesting Techniques and Pre-trial preparation – 30 marks


Requirements
❃ Each student has to maintain a diary to record interactions with clients,
preparation of documents and court papers.
❃ The student should observe two ‘interview sessions” with clients either
in the Lawyers office or in the legal aid office. This shall be recorded
in the Diary. This comes 15 marks.
❃ Each student has to observe the preparation of documents and court
papers and record such observance in the diary. This carries 7 ½
marks
❃ Each student shall observe the procedure for filing suit / petition and
record the same in the diary. This carries 7 ½ marks.
❃ The diary shall clearly indicate the dates on which the above
observations are made and they shall be authenticated by the
advocate concerned
❃ Evaluation of the above diary shall be made by the teacher concerned
and advocate

D) There shall be a Viva-voce examination on all the three components.


This carries 10 marks. These marks are to be equally allocated to the above
these components. Principal of the college concerned one advocate (not a
part-time of the college) and teacher concerned shall evaluate the student in
the viva. This board shall record the questions part to and response given by
the student.

Note : The candidate shall get a minimum 1/3rd of marks allocated for each
component and 40% on the aggregate in order to qualifying and pass in the
above paper. The above records, diary shall be submitted to the University
which may cause verification, in necessary.

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PAPER XXXIV - PRACTICAL TRAINING – II
DRAFTING, PLEADINGS AND CONVEYANCING

❃ Class room instructions and simulation exercises on the following


items shall be extended.

a. Drafting
❃ General principles of drafting and relevant substantive rules shall
taught.

b. Pleadings
Civil : (i) Plaint (ii) Written Statement (iii) Interlocutory Application (iv)
Original Petition (v) Affidavit (vi) Execution Petition and (vii)
Memorandum of Appeal and Revision (viii) Petition under article
226 and 32 of the Constitution of India.
Criminal : (i) Complaints (ii) Criminal Miscellaneous Petition (iii) Bail
Application and (iv) Memorandum of Appeal and Revision

c. Conveyancing
❃ Sale Deed (ii) Mortgage Deeds (iii) Lease Deed, (iv) Gift Deed (v)
Promissory Note (vi) Power of Attorney (vii) Will
❃ Drafting and pleadings will include 15 exercises and carries 45 marks
❃ Conveyancing will include 15 exercises and courses 45 marks
❃ These 30 exercises shall be recorded. Each student shall be served
with different problems for the purpose of exercise.
❃ These exercise shall be evaluated by a Board of examiners consisting
of one teacher of the University college concerned, Principal / Head
and teacher concerned
❃ The same board will also conduct Viva-voce on the above concepts.
It carries 10 marks.
❃ The proceedings of the Viva-voce shall be recorded.
❃ The candidate shall get a minimum 1/3rd of marks allocated for each
component and 40% on the aggregate in order to qualify and pass in
the above paper.
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Syllabus for LL.B. Hons. - 3 Years
REFERENCE BOOKS:
1. Drafting pleading & conveyaning – Dr.S.R.Myneni
2. Drafting pleading & conveyaning – Dr.Srivastava

PAPER – XXXV – PRACTICAL TRAINING – III


PROFESSIONAL ETHICS ACCOUNTANCY OF LAWYERS
AND BAR-BENCH RELATIONS

UNIT - 1 Law and Legal profession – Development of Legal profession in


India Right to practice – a right or privilege? – Constitutional
guarantee under article 19 (g) and its scope.

UNIT - 2 Regulation governing enrolment and practice, Practice of Law –


Whether a business?Solicitors firm – Whether an Industry-
Elements if Advocacy.

UNIT - 3 Ethics - Seven lamps of advocacy, Advocates duties towards


Public, Clients, Court, towards other advocates and Legal Aid,
Bar Council Code of Ethics.

UNIT - 4 Disciplinary proceedings, Professional misconduct –


disqualifications, Functions of Bar Council of India / State Bar
Councils in dealing with the Disciplinary proceedings, Disciplinary
Committee, Disqualifications and removal from rolls.

UNIT - 5 Bar – Bench Relations.

UNIT - 6 Accountancy of Lawyers - Nature and functions of accounting,


Important branches of accounting, Accounting and Law.

REFERENCE BOOKS:
1. Legal Ethics, Accountancy for lawyers & Bench – Bar Relations –
Dr.Kailash Rai
2. Professional Ethics, Accountancy for lawyers & Bench –
Dr.S.R.Myneni

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Syllabus for LL.B. Hons. - 3 Years
PAPER XXVI – PRACTICAL TRAINING – IV
PUBLIC INTEREST LAWYERING LEGAL AID AND
PARA LEGAL SERVICES

UNIT - 1 Classroom instructions shall be imported on the following


topics - Use of computers in legal work, Legal Refreshing in
support of PIL, Case Comments, Editing of Law Journal, Writing
an article on the topics of law, Law office management,
A University examination for 50 marks shall be conducted on
the above topics at the end of the academic year.

UNIT - 2 The following extension work shall be made taken by the


students and the college / Department concerned shall
facilitate the same.
❃ Lok Adalat
❃ Legal Aid Camp
❃ Legal Literacy
❃ Para legal training
❃ Negotiation and the counselling

UNIT - 3 These extension works shall be recorded and these records


shall be evaluated by the teacher concerned. 50 marks are
allocation for the same.

UNIT - 4 The candidate shall get a minimum of 1/3rd of marks allocated


for each component and 40% on the aggregate in order to qualify
and pass in the above paper. The above record shall be
submitted to the University, which may cause verification if
necessary.

REFERENCE BOOKS:
1. Public Interest lawyering, Legal Aid & Para legal services –
Dr.S.R.Myneni
2. Public Interest lawyering, Legal Aid & Para legal services –
Prof.Kailesh Rai
(Reference books for all the papers: As prescribed by the Bar Council
of India, CDC report of UGC and University concerned)
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Syllabus for LL.B. Hons. - 3 Years
PAPER – XXXVII
INTERNATIONAL TRADE LAW
OBJECTIVE OF THE COURSE :

In this 21st century, the concept of Liberalisation, Privatisation and globalization


(LPG) works beyond the trade barriers. This course helps to understand the
dominant role of developed countries in exploiting the developing countries.
It conglomerate the finer version of International Economic Law, in particular
the notion of New International Economic Order, the object of economic
integration with that of the pragmatic approaches of the International Trade
Regime. As a matter of compliance of International Trade Practices, various
bilateral and regional agreements exist in this scenario. International Trade
Agreements and Conventions explore the balanced growth with the regulatory
effect in transacting international trade in municipal spheres including Dispute
Settlement Bodies. This subject provides basic inputs in International Trade
Law.

UNIT - 1 GENESIS OF INTERNATIONAL TRADE LAW - Origin and


Development – Theories – UN Conventions – Unification of
International Trade Law – International Commercial Contracts
– International Sale of Goods – Foreign Direct Investments (FDI)
– Transnational Companies – Electronic Business Transactions
– Elements of International Taxation – Risk Analysis of
International Trade.

UNIT - 2 INTERNATIONAL ECONOMIC INSTITUTIONS - Structure and


Functions of International Economic Institutions – International
Trade Organisation (ITO) – Brettonwood Conference – Various
Rounds of WTO – General Agreement on Tariff and Trade
(GATT) – New International |Economic Order (NIEO) –
International Monetary Fund (IMF) – International Bank for
Reconstruction and Development (IBRD) – International
Investments.

UNIT - 3 WORLD TRADE ORGANISATION (WTO) - Structure and


Functions of WTO – WTO and Covered Agreements – Subsidies
– Dumping and Anti-dumping – General Agreements of Trade
and Services (GATS) – Trade Related Intellectual Property Rights
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Syllabus for LL.B. Hons. - 3 Years
(TRIPS) – Trade Related Investment Measures (TRIMs) – Trade
in Agriculture – Technical Barriers of Trade (TBT) United Nations
Committee on Trade and Environment (UNCTE) – United
Nations Committee on Trade and Development (UNCTAD) –
Summits of the WTO.

UNIT 4 BILATERAL AND REGIONAL TRADE - Regional Arrangements


under the United Nations – Most Favoured Nation (MFN) Clause
– South Asian Association for Regional Cooperation (SAARC) –
Association for South Eastern Asian Nations (ASEAN) –
European Union (EU) – Organisation for Petroleum Exporting
Countries (OPEC) – North American Free Trade Agreement
(NAFTA) – South Asian Free Trade Agreement (SAFTA)

UNIT - 5 SETTLEMENT OF DISPUTES IN INTERNATIONAL TRADE -


Methods of Dispute Settlement – Alternative Dispute Resolution
(ADR) and International Trade – UNCITRAL –International
Arbitration, Conciliation, Mediation and Litigation – Online Dispute
Resolution – Dispute Settlement Body in WTO – Appellate Body
(AB) – Consultation – Trade and Environment Controversies –
Enforcement and Compliance.

REFERENCE BOOKS:
1. Autar Krishen Koul – Guide to the WTO and GATT.
2. C. Singhania – Foreign Collaborations and Investments in India Law and
Procedure.
3. Correa, Carlos. M – IPRs, The WTO and Developing Countries.
4. Day, D. M. and Griffin, Bernardette – The Law of International Trade.
5. Anupam Goyal – The WTO and International Environmental Law: Towards
Conciliation.
6. Gupta. R.K., - World Trade Organisation – (2 Volumes)
7. Indira Carr, Peter Stone – International Trade Law.
8. Clive M. Schmithoff – Export Trade: The Law and Practice of International
Trade.
9. Jayanta Bagachi – World Trade Organisation: An Indian Perspective.
10. Petersmann, Ernst Ulrich – The GATT/WTO Dispute Settlement Systems:
International Law, International Organisations and Dispute Settlement.

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Syllabus for LL.B. Hons. - 3 Years
PAPER – XXXVIII

WOMEN AND CRIMINAL LAW (H.C – VI)

OBJECTIVE OF THE COURSE

It is now for centuries that the women in India have suffered in the
society. Even after 50 years of Adoption of the Constitution, for women, equality
with man appears to be a distant mirage to be reached. Effective political
representation of women in Legislature and other forums too has become a
difficult proposition to be acceptable. Breach of her personality, through various
forms of violence, too has not subsided. The course will study, what are the
legal provisions enacted to ameliorate these situations with special emphasis
on Indian Municipal Law and what is the scope and shortcomings in the
existing legal regime in this regard.

UNIT - 1 Women in Pre-Constitution Period, Social and Legal Inequality;


social reform movement in India; Legislature response in India,
Women & children in Post-Constitution Period, Provisions Of
Constitution of India, Preamble,Art.14,15,23,and Part IV, Legal
Measures in relating to Child Labour Women and Political
Representation.

UNIT - 2 Different Personal Laws-Unequal Position of Indian Women-


Uniform civil code;Sex Inequality in Inheritance Rights: Right of
Inheritance by birth for sons and not for Daughters;Inheritance
under Christian Law;Inheritance under Muslim Law;Matrimonial
Property Law; Right of women to be Guardian of her minor sons
and daughters.

UNIT - 3 Law of Divorce-Christian Law-Discriminatory Provision; Muslim


Law-Inheritance divorce.Women and social Legislature:Dowry
Prohibition Law;Sex Determination Test, Law relating to
Prevention of ImmoralTrafficking in Women Act.

UNIT - 4 Women and Criminal Law: Adultery; Rape; Outraging the


Modesty of women; Kidnapping; Sati Prohibition Law; Law
relating to Domestic Violence; Law relating Eve-Teasing;
Indecent Representation of Women Act.
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Syllabus for LL.B. Hons. - 3 Years
UNIT - 5 Women and Employment: Factories Act- Provisions relating to
women; Maternity Benefit Act; Equal Remuneration Act; Law
Relating to Sexual Harassment at working place; N.C.W-Aims,
Functions and Performance.

REFERENCE BOOKS:
1. Indu prakash singh-Women,Law and Social Change in India.
2. Paras Dewan-Dowry and protection to Married Women.
3. S.P.Sathe-Towards Gender Justice.
4. Dwarka Nath Mitter-Position of Women in Hindu Law.
5. Shaukat Nasir-Muslim Women and their Rights.

(Reference books for all the papers: As prescribed by the Bar Council
of India, CDC report of UGC and University concerned)

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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MODEL QUESTION PAPER

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